Order issued January 3 , 2013

In The (Court of Apprato NM! Elistrirt of &rxasatDallas No. 05-12-01474-CV

HOWARD DONAVAN, Appellant V. THE BANK OF NEW YORK MELLON TRUST COMPANY N.A. F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS8, Appellee

ORDER We DENY appellee's December 12, 2012 motion to dismiss the appeal for failure to prosecute.