COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM. ORDER

Appellate case name The City.of Houston v. Atser, L.P Appellate case number: 01-1.0-00240-CV Trial court case number: 2008-48039 Trial court: 334th District Court, Harris Cnty., Tex.

On October 29, 2012, Appellant filed a motion for en banc reconsideration. It is ordered that Appellee’s response, if any, xs due Monday, December 3, 2012. We request that, in the response, if any, Appellee address the impact of the Texas Supreme Court’s decision in Rusk State Hospital v. Black on the analysis of our appellate jurisdiction. See Rusk State Hospital v. Black, No. 10-0548, 2012 WL 3800218, at *6 (Tex. Aug. 31, 2012) ("We hold that if immunity as first asserted on interlocutory appeal,. [Civil Practice and Remedies Code]. section 51.014(a) does not preclude the appellate court from having to consider the issue at the outset in order to determine whether it has jurisdiction to address the merits.").

It is furthered ordered that Appellant’s reply, if any, is due Monday, December 10, 2012.

It is so ORDERED.

Judge’s signature: /s/Evelyn V. Keyes IEI Acting individually [] Acting for the Court

Date November 21, 2012