COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Donald E. Spencer v. GC Services Limited Partnership and Ross, Banks, May, Cron & Cavin, P.C.

Appellate case number: 01-12-00159-CV Trial court case number: 2010-83448 Trial court: 270th District Court of Harris County, Texas Date motion filed: July 1, 2013 Party filing motion: Appellant It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ Evelyn V. Keyes Acting Individually 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: September 24, 2013