IN THE NINTH COURT OF APPEALS _____________________ _____ 09-18-00069-CV _____________________ _____ In Re Enterprise Refined Products Company, LLC ________________________________________________________________ Original Proceeding 172nd District Court of Jefferson County, Texas Trial Cause No. E-194,114 ________________________________________________________________ JUDGMENT THE NINTH COURT OF APPEALS, having considered Enterprise Refined Products Company, LLC’s petition for writ of mandamus, concludes that the petition should be conditionally granted.

IT IS THEREFORE ORDERED, in accordance with the Court’s opinion, that the petition for writ of mandamus is conditionally granted and the trial court shall vacate its January 10, 2018 order granting a new trial and reinstate the judgment on the jury’s verdict. All costs of the mandamus proceeding are assessed against the real party in interest.

Per Curiam Opinion May 17, 2018 PETITION CONDITIONALLY GRANTED ********** Copies of this judgment and the Court’s opinion are certified for observance.

Carol Anne Harley Clerk of the Court