COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Dan Silvestri V. International Bank of Commerce Appellate case number: 01-11-00921-CV Trial court case number: 0921107 Trial court: 125th District Court of Harris County Date motion filed: 02/22/13 Party filing motion: Appellee It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ /s/ Terry Jennings________________________________ Acting individually Acting for the Court Panel consists of: Chief Justice Radack and Justices Jennings and Keyes

Date: March 6, 2013