Order issued: October ‘7 , 2012

In The (!!uurt uf Apjimf Fifth Oitrict uf t!Jexa it Thttku No. 05- 12-00450-CV

CHRISTOPHER ALAN GANNON, Appellant V. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ITS SUCCESSORS AND ASSIGNS, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-08-15791

ORDER We DENY appellee’s October 3, 2012 motion to dismiss, The clerk’s record was filed with this Court on August 10, 2012.

Appellant filed an affidavit of indigence in the trial court on August 8, 2012. No contest to the affidavit was filed. Accordingly, appellant is allowed to proceed without prepayment of costs.

The reporter’s record is past due. We ORDER Stephanie Moses, Official Court Reporter for the 193rd Judicial District Court of Dallas County, Texas, to file, WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER either: (1) the reporter’s record; or (2) written verification that appellant has not requested the record. We notfv appellant that if we receive verifIcation of no request, we will order the appeal submitted without the reporter’s record. See TEX. R. APP. P. 37,3c.

We I)IRECT the Clerk of this Court to send a copy of this order by electronic transmission to Stephanie Moses and all counsel of record.

:• CAROLYN WRIGHT CHIEF JUSTICE/ /

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