COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Rita J. Patterson v. Landry's Seafood Inn & Oyster Bar-Kemah d/b/a Babins's Seafood House Appellate case number: 01-12-00195-CV Trial court case number: 980841 Trial court: Co Civil Ct at Law No 3 of Harris County Date motion filed: September 19, 2013 Party filing motion: Appellant, Rita J. Patterson It is ordered that the motion for en banc reconsideration is DENIED.

Judge’s signature: /s/ __Evelyn V. Keyes_____________________________ Acting for the Court The en banc court consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle.

Date: November 26, 2013