COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: D&M Marine, Inc. d/b/a Phipps & Company Homes v. J. Neal Turner and Kerie B. Turner Appellate case number: 01-12-00622-CV Trial court case number: 2008-60228-393 Trial court: 431st District Court of Denton County It is ordered that the motion for rehearing is DENIED.

Judge’s signature: /s/ Laura Carter Higley Acting for the Court Panel consists of Justices Keyes, Higley, and Bland.

Date: July 30, 2013