COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Thomas Lanny Vlasak as Trustee for the Silber Family Trust v. TAXCO, INC. Appellate case number: 01-16-00191-CV Trial court case number: 2014-49207 Trial court: 11th District Court of Harris County Date motion filed: December 13, 2017 Party filing motion: Appellant It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ Harvey Brown Acting individually Acting for the Court En Banc Court consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Lloyd, and Caughey

Date: January 18, 2018