COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause Number: 01-11-00946-CV Trial Court Cause Number: 08-DCV-166064 Style: In re Kenneth Higby, M.D.

Date motion filed*: April 4, 2013 Relator's First Motion For Extension of Time to File Response to Real Party in Interest's Type of motion: Motion for Rehearing Party filing motion: Relator Document to be filed: Response to Motion for Rehearing Is appeal accelerated? Yes No If motion to extend time: Original due date: April 9, 2013 Number of previous extensions granted: 0 Date Requested: May 9, 2013 Ordered that motion is: Granted If document is to be filed, document due: May 9, 2013 Absent extraordinary circumstances, the Court will not grant additional motions to extend time The Court will not grant additional motions to extend time.

Denied Dismissed (e.g., want of jurisdiction, moot) Other:

Judge's signature: /s/ Evelyn V. Keyes Acting individually Acting for the Court Panel consists of Justices Keyes, Sharp, and Massengale Date: April 11, 2013