COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-16-00956-CV Style: Steamboat Capital Management, LLC and Jay A. Johnston v. R.K. Lowry, Jr. Date motion filed*: January 6, 2017 Type of motion: Motion for extension of time to file appellant’s brief Party filing motion: Appellant Document to be filed: Appellant’s Brief Is appeal accelerated? No If motion to extend time: Original due date: Number of previous extensions 0 Current Due date: granted: Date Requested: Ordered that motion is: Granted If document is to be filed, document due:  The Court will not grant additional motions to extend time Denied  Dismissed (e.g., want of jurisdiction, moot) Other: _____________________________________ Contrary to appellant’s request to extend the time to file appellant’s brief, no deadline for the filing of appellant’s brief has been set because the complete appellate record has not yet been filed. See TEX. R. APP. P. 38.6(a). Accordingly, we dismiss appellant’s motion as moot.

Judge's signature: /s/ Sherry Radack  Panel consists of ____________________________________________ Date: January 12, 2017