COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Michael W. Gioffredi v. The Retreat at Riverstone Appellate case number: 01-21-00627-CV Trial court case number: 21-CCV-068826 Trial court: County Court at Law No. 1 of Fort Bend County

It is so ORDERED that Appellant Michael W. Gioffredi’s motion for rehearing is DENIED.

Judge’s signature: _____/s/ Veronica Rivas-Molloy____  Acting for the Court

Date: __January 24, 2023____ The panel consists of Justices Radack, Countiss, and Rivas-Molloy.1

The Honorable Sherry Radack, Senior Justice, Court of Appeals, First District of Texas at Houston, sitting by assignment.