COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Union Pacific Railroad Company v. Ameriton Properties Incorporated Appellate case number: 01-13-00811-CV Trial court case number: 2012-03918 Trial court: 281st District Court of Harris County It is ordered that Appellee’s Motion for Rehearing is denied.

Justice’s signature: /s/ Harvey Brown Acting for the Court Panel consists of: Chief Justice Radack and Justices Higley and Brown

Date: December 9, 2014