Order entered June 28, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00712-CV ROBERT WINSPEAR, Appellant V. COCA-COLA REFRESHMENTS, USA, INC., Appellee On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-01740-2012 ORDER Before Chief Justice Wright and Justices Lang-Miers and Lewis We GRANT appellant’s petition for permission to appeal the trial court’s order on choice of law. Appellant’s notice of appeal is deemed to have been filed as of today’s date.

On June 10, 2013, this Court’s clerk’s office inadvertently sent appellant notice that the clerk’s record was past due. In response, appellant filed a motion for an extension of time to file the clerk’s record. We DENY appellant’s motion as moot. The clerk’s record is due July 8, 2013. See TEX. R. APP. P. 35.1(b).

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable John Roach, Jr., Judge of the 296th Judicial District Court of Collin County, Texas, and all counsel of

record. /s/ DAVID LEWIS JUSTICE