Order entered February 8, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00943-CV CARL BENSON, Appellant V. EMC MORTGATE CORP., Appellee On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-06777 ORDER By postcard dated October 31, 2012, we notified the Dallas County District Clerk’s office that the clerk’s record in this case was overdue. On December 4, 2012, the Dallas County District Clerk responded that the clerk’s record had been submitted as of August 1, 2012 in cause number 05-12-00825-CV. Because the case was severed below, and has not been consolidated on appeal, the Dallas County District Clerk is ORDERED to file all papers relevant to trial court cause number DC-12-06777-F within THIRTY DAYS of the date of this order. We DIRECT the Clerk of the Court to send a copy of this order to: Gary Fitzsimmons Dallas County District Clerk George L. Allen Sr. Courts Building Commerce St., Suite 103 Dallas, Texas 75202

/s/ CAROLYN WRIGHT CHIEF JUSTICE