Court of Appeals for the First District of Texas at Houston

Order Withdrawing Mediation Order

Appellate case name: James Fontenot and Jan Fontenot v. Jeffery Gibson Appellate case number: 01-12-00747-CV Date motion filed: October 23, 2012 Type of Motion: Objection to Mediation Party filing motion: Appellee Trial court case number: 998611

Trial court: Co Civil Ct at Law No 3 of Harris County It is ORDERED that Appellee's objection to mediation is granted. We withdraw our Mediation Order dated October 19, 2012.

Judge's signature: /s/ Jane Bland (33 Acting individually

Date: October 25, 2012

Absent emergency or a statement that the motion is unopposed, mustwait ten days beforeacting on motion except for motion to extend time to file a brief. See Tex. R. App. P. 10.3(a).

Note: Single justice may grantor deny any request for reliefproperly soughtby motion, except in a civil case a singlejustice should not: (1) act on a petition for an extraordinary writ or (2) dismiss or otherwise determine an appeal or a motion for rehearing. Tex. R. App. P. 10.4(a).