COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult Appellate case number: 01-15-00774-CV Trial court case number: 2009-40925 Trial court: 269th District Court of Harris County Date motion filed: January 22, 2018 Party filing motion: Real Parties in Interest, Four J’s Community Living Center, Inc. and Anthonia Uduma It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ Terry Jennings Acting Individually Acting for the Court The en banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, and Caughey.

Justice Lloyd, not participating.

Justice Massengale, voting to grant en banc reconsideration and dissenting from the denial of en banc reconsideration with separate opinion.

Date: July 12, 2018