COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-12-00873-CV Style: Texas Municipal Power Agency v Kirk A. Johnston Date motion filed*: December 27, 2012 Type of motion: Motion for extension of time to file reply brief filed Party filing motion: Appellant Document to be filed: Reply Brief Is appeal accelerated? Yes If motion to extend time: Original due date: December 27, 2012 Number of previous extensions granted: -0- Current Due date: December 27, 2012 Date Requested: January 7, 2013 Ordered that motion is:  Granted If document is to be filed, document due: January 7, 2013  Absent extraordinary circumstances, the Court will not grant additional motions to extend time  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________

Judge's signature: /s/ Evelyn V. Keyes  Panel consists of ____________________________________________ Date: January 28, 2013

November 7, 2008 Revision