COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc. ...

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P. Appellate case number: 01-13-00267-CV & 01-13-00233-CV Trial court case number: 2010-20973A & 2010-20973A Trial court: 234th District Court of Harris County Date motion filed: April 27, 2015 Party filing motion: Appellant It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Sherry Radack Acting individually Acting for the Court Panel consists of: Chief Justice Sherry Radack and Justices Massengale and Huddle; Justice Massengale would grant appellant’s motion for rehearing

Date: September 24, 2015