Order entered February 12, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01550-CV 21ST MORTGAGE CORPORATION, Appellant V. STEWART TITLE GUARANTY COMPANY, Appellee On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-09919 ORDER The clerk’s record in this case is overdue. By postcard dated November 15, 2012, we notified the district clerk that the clerk’s record was overdue. We directed the district clerk to file the clerk’s record within thirty days. To date, the clerk’s record has not been filed.

Accordingly, this Court ORDERS the Dallas County District Clerk to file, within TEN DAYS of the date of this order, either the clerk’s record or written verification that appellant has not paid for the record. We notifiy appellant that if we receive verification of nonpayment, we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b).

We DIRECT the Clerk to send copies of this order, by electronic tranmission, to the following: Gary Fitzsimmons Dallas County District Clerk

/s/ CAROLYN WRIGHT CHIEF JUSTICE