COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING AND EN BANC RECONSIDERATION Appellate case name: Richard Stephen Calkins v. Carolyn Calkins James and Maurice Bresenhan, Jr., Administrator of the Estate of Mary Olive Hull Calkins, deceased Appellate case number: 01-19-00703-CV Trial court case number: 441165 Trial court: Probate Court No. 2 of Harris County Appellant, Richard Stephen Calkins, has filed a motion for rehearing and en banc reconsideration. The panel has voted to deny appellant’s motion for rehearing. The en banc court has voted to deny appellant’s motion for en banc reconsideration. Accordingly, it is ordered that appellant’s motion for rehearing and en banc reconsideration is denied.

Panel consists of Justices Keyes, Lloyd, and Landau.

En banc court consists of Chief Justice Radack and Justices Keyes, Lloyd, Kelly, Goodman, Landau, Hightower, and Adams. Justice Countiss not sitting Judge’s signature: _____/s/ Sarah B. Landau________________ Acting for the En Banc Court

Date: December 17, 2020