COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON APPELLEE’S MOTION FOR REHEARING AND ALTERNATIVE MOTION FOR EN BANC RECONSIDERATION Appellate case name: Inocente Cepeda v. Orion Marine Construction, Inc. Appellate case number: 01-15-00504-CV Trial court case number: 2012-24614 Trial court: 190th District Court of Harris County The panel having voted to deny rehearing and the en banc court having voted unanimously against reconsideration en banc, Orion Marine Construction, Inc.’s motion for rehearing and alternative motion for en banc reconsideration is denied.

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

Date: August 18, 2016