TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00076-CV

John Rady, As Assignee, Appellant

v.

Wells Fargo Bank, N.A., Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY,

NO. C-1-CV-11-009407, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

PER CURIAM

On September 9, 2012, this Court issued an opinion dismissing this appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c). On September 14, 2012, appellant filed a motion to vacate opinion and allow appellant to file brief. We withdraw our opinion and judgment dated September 9, 2012, and reinstate this appeal. Appellant's brief is due in this Court no later than October 22, 2012. If appellant does not file a brief by that date, the Court may dismiss the appeal for want of prosecution.

It is ordered September 21, 2012.

Before Chief Justice Jones, Justices Rose and Goodwin