COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION

Case number: 01-12-00393-CV Style: Memorial Hermann Surgery Center Texas Medical Center, L.L.P. v. Lester Smith & Patricia Nelson-Smith Date motion filed: January 13, 2013 Party filing motion: Appellees

Tthe Court having voted against rehearing en banc, it is ordered that the motion for rehearing en banc is denied.

Judge’s signature: /s/ Jane Bland Acting for the Court Before: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, and Huddle. Justice Sharp not participating.

Date: April 8, 2013