Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00550-CV Randy K. SMITH, Appellant v. Lawrence REID, Royce Reid, Jennifer Heath and THL GP Inc., Appellees From the 63rd Judicial District Court, Edwards County, Texas Trial Court No. 3798 Honorable M. Rex Emerson, Judge Presiding BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARTINEZ In accordance with this court’s opinion of this date, the judgment of the trial court is MODIFIED to reflect that the award of appellate attorney’s fees is conditioned upon an unsuccessful appeal to the Fourth Court of Appeals by appellant Randy K. Smith. As modified, the judgment of the trial court is AFFIRMED. Costs of the appeal are taxed against appellant Randy K. Smith.

SIGNED December 23, 2014.

_____________________________ Rebeca C. Martinez, Justice