COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause Number: 01-12-00989-CV Trial Court Cause Number: CI042455 Style: Gene Smirl d/b/a Gene's Pearland Exxon and Gene Smirl d/b/a Pearland Motor Company v The State of Texas Date motion filed*: September 24, 2013 Type of motion: Appellee's Motion to Strike Appellant's Reply Brief Party filing motion: Appellee RMJ Miller Real Estate Holdings, Ltd. Document to be filed: Is appeal accelerated? YES NO Ordered that motion is: Granted If document is to be filed, document due: Absent extraordinary circumstances, the Court will not grant additional motions to extend time Denied Dismissed (e.g., want of jurisdiction, moot) Other:

Judge's signature: /s/ Terry Jennings Acting individually Acting for the Court Panel consists of Date: October 18, 2013