COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Cause number and style: 01–13–00240–CV; In re Milton Date motion filed: January 3, 2014 Party filing motion: Nicolette Milton

It is ordered that the motion for en banc reconsideration is denied.

Judge’s signature: /s/ Jane Bland Acting for the Court Justice Keyes would grant the motion.

En banc consideration before Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Huddle and Brown. Justice Sharp not participating.

Date: January 27, 2014