COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM ORDER ON MOTION TO RECUSE

Cause number and style: 01–11–00822–CV; Thomas Wayne Florence v. The State of Texas Date motion filed: March 14, 2013 Party filing motion: Appellant

It is ordered that the motion to recuse is denied.

Judge’s signature: /s/ Evelyn V. Keyes 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: July 23, 2013