COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Gerardus J. Smith v. J. Darrell Brewer Appellate case number: 01-16-00029-CV Trial court case number: 2014-68579 Trial court: 215th District Court of Harris County Date motion filed: 03/01/2017 Party filing motion: Appellant It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Sherry Radack Acting Individually Acting for the Court Panel consists of: Chief Justice Radack and Justices Jennings and Bland

Date: July 20, 2017