COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON FURTHER MOTION FOR EN BANC RECONSIDERATION Appellate case name: Houstoun, Woodard, Eason, Gentle, Tomforde and Anderson, Inc. d/b/a Insurance Alliance v. Escalante’s Comida Fina, Inc. Appellate case numbers: 01-11-00746-CV Trial court case number: 2009-52295 Trial court: 215th District Court of Harris County Appellee’s Further Motion for En Banc Reconsideration is DENIED.

It is so ORDERED.

Judge’s signature: /s/ Jim Sharp Acting for the Court

Date: September 16, 2014 The en banc court consists of: Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, and Brown.

Justices Massengale and Brown voted to grant en banc reconsideration.

Chief Justice Radack and Justice Huddle are not participating.