COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: W. Dow Hamm III Corporation and William Dow Hamm III V. Millennium Income Fund, L.L.C. Appellate case number: 01-12-00313-CV Trial court case number: 0313955 Trial court: 61st District Court of Harris County Date motion filed: April 23, 2013 Party filing motion: Appellant It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Michael Massengale Acting individually Acting for the Court Panel consists of: Justices Keyes, Massengale, and Brown.

Date: May 16, 2013