COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Ted B. Lyon III v. Building Galveston, Inc. Appellate case number: 01-19-00571-CV Trial court case number: 10-CV-2353 Trial court: 405th District Court of Galveston County Party filing motion: Appellant

The en banc court has unanimously voted to deny appellant’s motion for en banc reconsideration. It is ordered that the motion is denied.

Judge’s signature: /s/ Veronica Rivas-Molloy___________________________  Acting for the Court

* En banc court consists of Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas-Molloy, Guerra, and Farris.

Date: ____June 22, 2021_____