COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: BMLA, Inc. d/b/a Murphy’s Deli v. Keziah Jordan Appellate case number: 01-19-00568-CV Trial court case number: 2015-17893 Trial court: 165th District Court of Harris County Date motion filed: January 18, 2022 Party filing motion: Appellee It is ordered that the motion for en banc reconsideration is DENIED GRANTED. Judge’s signature: /s/ April L. Farris Acting Individually Acting for the Court A majority of the justices of the Court voted to deny the motion for en banc reconsideration. The En Banc Court consists of: Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas-Molloy, Guerra, and Farris. Justices Goodman and Guerra, voting to grant en banc reconsideration. Justice Guerra would grant en banc reconsideration for the reasons set forth in the legal sufficiency section of Justice Goodman’s dissent to the panel’s majority opinion. Date: April 21, 2022