Court of Appeals of the State of Georgia ATLANTA, February 19, 2013 The Court of Appeals hereby passes the following order A13D0213. JAY WARNING v. BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK AS TRUSTEE FOR THE HOLDER OF CWALT, INC., et al .

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.

LC NUMBERS: 2012CV223556

Court of Appeals of the State of Georgia Clerk's Office, Atlanta, February 19, 2013.

I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.