COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Elbar Investments, Inc. V. Garden Oaks Maintenance Organization Appellate case number: 01-14-00447-CV Trial court case number: 2011-67560 Trial court: 269th District Court of Harris County Date motion filed: 6/17/16 Party filing motion: Appellee It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

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

Date: August 2, 2016