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

Case number: 01-11-00969-CV Style: Alan McGilbery v. Doris Felix McGilbery Date motion filed: December 21, 2012 Party filing motion: Appellant, Alan McGilbery

A majority of the 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, Sharp, Massengale, Brown, and Huddle.

Date: February 8, 2013.