COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON CORRECTED ORDER ON MOTION Cause Number: 01-12-00496-CV Trial Court Cause Number: 1171097 Style: Eddie Medina, Jr. v Gloria Tate d/b/a Humble Family Skate Center and Humble Family Skate Center, Inc. Date motion filed*: August 23, 2013 Type of motion: Motion for En Banc Reconsideration Party filing motion: Appellee Gloria Tate d/b/a Humble Family Skate Center Document to be filed: no Is appeal accelerated? YES NO Ordered that motion is: Granted If document is to be filed, document due: 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/ Sherry Radack Acting individually Acting for the Court Panel consists of: Chief Justice Sherry Radack, Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown and Huddle.

A majority of the justices of the Court voted to overrule the motion for rehearing en banc. Justices Bland, Massengale, Brown and Huddle voted to grant the motion for rehearing en banc.

Date: May 29, 2014