COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Frank Chalfant V. Brookdale Senior Living Communites, Inc. and Arc Post Oak, L.P., D/B/A The Hampton at Post Oak Appellate case number: 01-12-00140-CV Trial court case number: 1106907 Trial court: 270th District Court of Harris County Date motion filed: July 10, 2013 Party filing motion: Appellant It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Terry Jennings Acting individually Acting for the Court Panel consists of: Justices Jennings, Bland, and Massengale

Date: August 1, 2013