COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Antonella Apuzzo DiPortanova and Paul Piero DiPortanova V. James Patrick Smith ( Court Appointed Guardian), Tina Lamatta, ( Court Appointed Guardian of the Person), and Richard E. Monroe, Jr. ( Court Appointed Guardian of the Estate Appellate case number: 01-10-01019-CV Trial court case number: 94467438 Trial court: Probate Court No 2 of Harris County Date motion filed: 1/15/13 Party filing motion: Appellants It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Sherry Radack Acting Individually Acting for the Court Panel consists of: Chief Justice Radack and Justices Bland and Huddle

Date: February 27, 2013