COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER WITHDRAWING MEDIATION ORDER Appellate case name: Texas Department of Aging and Disability Services v. Carol Mersch Appellate case number: 01-13-00021-CV Date motion filed: February 7, 2013 Type of Motion: Objection to Mediation Party filing motion: Appellee Trial court case number: 26248 Trial court: 344th District Court of Chambers County It is ORDERED that Appellee’s objection to mediation is granted. We withdraw our Mediation Order dated January 29, 2013.

Judge’s signature: /s/ Sherry Radack x Acting individually

Date: February 13, 2013 i i Absent emergency or a statement that the motion is unopposed, must wait ten days before acting on motion except for motion to extend time to file a brief. See TEX. R. APP. P. 10.3(a).

Note: Single justice may grant or deny any request for relief properly sought by motion, except in a civil case a single justice should not: (1) act on a petition for an extraordinary writ or (2) dismiss or otherwise determine an appeal or a motion for rehearing. TEX. R. APP. P. 10.4(a).