COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Benny Vance and Pierre Metzener V. Mark C. Popkowski, Jody M.

Popkowski, Tammy Evans, Stephen Popkowski and Modern System Concepts, Inc. Appellate case number: 01-15-00897-CV Trial court case number: 2014-70417 Trial court: 334th District Court of Harris County Date motion filed: June 26, 2017 Party filing motion: Appellee It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Michael Massengale Acting individually Acting for the Court Panel consists of: Justice Massengale and Justice Brown

Date: November 2, 2017