Order entered April 17, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01662-CV DAVID MONTGOMERY, Appellant V. U. S. BANK NATIONAL ASSOCIATION, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-04679-D ORDER Before the Court is appellee’s April 1, 2013 motion to dismiss the appeal for failure to prosecute. Appellee contends the appeal should be dismissed because the clerk’s record and reporter’s record are past due. On April 1, 2013, the Court sent notices that the clerk’s record and reporter’s record are to be filed within thirty days. Accordingly, we DENY appellee’s motion.

/s/ DAVID LEWIS JUSTICE