COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Leon A. Benjamin v. Barbara Benjamin Appellate case number: 01-10-01003-CV Trial court case number: 2010-11421 Trial court: 247th District Court of Harris County Appellant has filed a motion for rehearing asserting that he has now served appellee with a notice of appeal in this case. The Court requests a response from the appellee. Rule 9.2(b) of the Texas Rules of Appellate Procedure, the “mailbox rule,” is suspended for the filing of the response. The response must be received in the clerk’s office or filed in accordance with this court’s rules on efiling no later than 5:00 p.m., 10 days from the date of this order. See TEX. R. APP. P. 2, 9.2(b), 49.2.

It is so ORDERED.

Judge’s signature: /s/ Michael Massengale Acting individually

Date: October 5, 2012