COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Amanda Jones and David Jones V. Henry Martinez, M.D., Henry Martinez, M.D., P.A, Brett Baker, P.A., Foundation Surgery Affiliates of Brazoria County d/b/a Brazoria County Surgery Center and Brazoria County Surgery Center Appellate case number: 01-10-00933-CV Trial court case number: 48281 Trial court: 412th Judicial District Court of Brazoria County Date motion filed: January 28, 2013 Party filing motion: Appellees It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Evelyn Keyes Acting individually Acting for the Court Panel consists of: Justices Keyes, Bland, and Sharp.

Date: May 1, 2013