COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: In re Kenneth Higby, M.D.

Appellate case number: 01-11-00946-CV Trial court case number: 08-DCV-166064 Trial court: 268th District Court of Fort Bend County Date motion filed: September 20, 2013 Party filing motion: Real Party in Interest It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Evelyn V. Keyes Acting Individually Acting for the Court Panel consists of: Justices Keyes, Sharp, and Massengale

Date: November 19, 2013