From: Andrew Khoury Fax: +1 (903) 704-4759 To: Aldean E. Kainz, Esq. Fax: +1(512)391-2125 Page 3 of 3 4/5/2013 12:38

CAUSE NO. 2011-1549-CCL2 APR 0 4 2013 SHARON MORRISON JNTHE VS. BCPVTY

COUNTY COURT AT LAW #2 WHISPERING PINES LODGE I, L.L.P. D/B/A § WHISPERING PINES LODGE and § WHISPERING PINES LODGE, LL.C D/B/A § WHISPERING PINES LODGE § 0F GREGG COUNTY, TEXAS

ORDER

On the 11* day of March, 2013, came on for consideration (1) Defendants' Motion for Leave to File Defendants' Motion to Dismiss Pursuant to Chapter 74 of the Civil Practice and Remedies Code and (2) Defendants' Motion to Dismiss Pursuant to Chapter 74 of the Civil Practice and Remedies Code. After due consideration ofall relevant factors the Court is of the opinion that the motions are not well-taken and should be denied; it is therefore ORDERED that Defendants' Motion for Leave to File Defendants' Motion to Dismiss Pursuant to Chapter 74 of the Civil Practice and Remedies Code is DENIED; it is further ORDERED that Defendants' Motion to Dismiss Pursuant to Chapter 74 of the Civil Practice and Remedies Code is DENIED.

SIGNED on APR 0 4 2013

Vincent L. Dulweber, Judge Presiding Approved:

FILED IN COURT OF APPEALS %J8te District Andrew G. for Plaintiff SBOT #00791024 TYLER TEXAS CATHY S.LUSK. CLERK