COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: BMB Dining Services (Willowbrook), Inc. and RCI Hospitality, Inc. v. Willowbrook I Shopping Center L.L.C., Leon Vahn; Capital Realty Group. Inc. and Brant Widener Appellate case number: 01-19-00306-CV Trial court case number: 2015-20985 Trial court: 333rd District Court of Harris County The en banc court has unanimously voted to deny appellants’ 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: October 7, 2021