COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Allen L. Berry, Joseph D. McCord, and Robert G. Taylor, II v. Encore Bank Appellate case number: 01-14-00246-CV Trial court case number: 2010-63264 Trial court: 152nd District Court of Harris County Date motion filed: July 1, 2015 Party filing motion: Appellants It is ordered that the motion for reconsideration en banc is DENIED GRANTED.

Judge’s signature: /s/ Harvey Brown Acting individually Acting for the Court En Banc Panel consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd

Date: September 22, 2015