COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM ORDER Appellate case name: Joe Anthony Romero v. Kroger Texas L.P., Sedgwick Claims Management Services, and Phillips Akers Womac Appellate case number: 01-12-00049-CV Trial court case number: 10CV3689 Trial court: 212th District Court of Galveston County Appellant, Joe Anthony Romero, filed a motion seeking to have his appeal decided in the first instance by the entire court sitting en banc. The motion is DENIED.

It is so ORDERED.

Judge’s signature: /s/ Laura Carter Higley Acting individually

Date: October 25, 2013