COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Andrew Whallon, Dahlia Garcia and Richard Grayshaw v. City of Houston Appellate case number: 01-11-00333-CV Trial court case number: 0851588 Trial court: 270th District Court of Harris County Date motion filed: November 3, 2015 Party filing motion: Appellant Andrew Whallon 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 Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle and Lloyd

Date: January 12, 2016