Order entered September 13, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01098-CV IN RE BEAZER HOMES TEXAS, L.P., Relator On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-12-07002A ORDER Based on the Court’s opinion of today’s date, we DISMISS relator’s petition for writ of mandamus. We ORDER that relator bear the costs of this original proceeding, unless the parties’ agreement provides otherwise.

/s/ LANA MYERS JUSTICE