COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Connie Rogge, Individually and as heir of Richard Hollas Rogge, Richard Rogge, Individually and as Heir of Richard Hollas Rogge and Richard Rogge as Administrator of the Estate of Richard Hollas Rogge v. The City of Richmond, Texas Appellate case number: 01-14-00866-CV Trial court case number: 11-DCV-194261 Trial court: 268th District Court of Fort Bend County Date motion filed: October 14, 2016 Party filing motion: Appellants, Connie Rogge, Individually and as heir of Richard Hollas Rogge, Richard Rogge, Individually and as Heir of Richard Hollas Rogge and Richard Rogge as Administrator of the Estate of Richard Hollas Rogge v. The City of Richmond, Texas

It is ordered that the motion for rehearing is DENIED.

Judge’s signature: /s/ Michael Massengale Acting for the Court Panel consists of: Justices Keyes, Massengale, and Lloyd Keyes, J., dissenting from the denial of rehearing.

Date: January 10, 2017