COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Barrett Wakefield and Howard Wakefield III v. Sam Ayers and Claudia Ayers Appellate case number: 01-14-00648-CV Trial court case number: 1007580-102 Trial court: County Civil Court at Law No. 4 of Harris County Date motion filed: October 14, 2016 Party filing motion: Appellant Barrett Wakefield

The en banc court has unanimously voted to deny appellant’s motion for en banc reconsideration. It is ordered that the motion is denied.

Judge’s signature: /s/ Terry Jennings Acting for the Court the En Banc Court* Date: November 8, 2016 * En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.