COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Brian Duane Noel v. Oakbend Medical Center Appellate case number: 01-21-00206-CV Trial court case number: 19-DCV-265821 Trial court: 458th District Court of Fort Bend County Appellant Brian Duane Noel’s motion for en banc reconsideration is denied as untimely.

It is so ORDERED.

Justice’s signature: /s/ Gordon Goodman Acting for the Court Panel consists of Chief Justice Radack and Justices Goodman and Hightower.

Date: September 29, 2022