No. 01-15-00567-CV
IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS FILED IN 1st COURT OF APPEALS
SITTING AT HOUSTON HOUSTON, TEXAS 11/16/2015 7:38:25 PM
DON PETERSON, MACKEY PETERSON, TONYA PETERSON,CHRISTOPHER AND LONNY
Clerk
A. PRINE
PETERSON,
Appellants, v
SILVERADO SENIOR LIVING, INC., d/b/a SILVERADO SENIOR LIVING – SUGAR LAND,
Appellee.
On Appeal from
Probate Court No. One, Harris County, Texas Honorable Lloyd Wright, presiding Trial Court Cause No. 427,208-401 on transfer from the 129th Judicial District Court, Harris County, Texas, Cause No. 2014-40980
APPELLANTS' APPENDIX
Respectfully submitted,
Philip M. Ross
ORAL ARGUMENT REQUESTED State Bar No. 017304200 1006 Holbrook Road San Antonio, Texas 78218 Phone: 210/326-2100 Email: ross_law@hotmail.com By: /s/ Philip M. Ross Philip M. Ross Attorney for Appellants
APPENDIX
TAB
1 DOCKET INFORMATION
2 Order granting Defendant Silverado Senior Living, Inc. d/b/a Silverado Senior Living – Sugar Land's Rule 91a motion to dismiss in Cause Nos. 427,208 and/or 427,208-401 signed on November 10, 2014;
3 Order denying motion to reconsider 91a motion to dismiss and motion for sanctions, signed on January 9, 2015;
4 Order granting application for attorney's fees pursuant to Rule 91a Order entered on November 10, 2014, signed on January 9, 2015;
5 Order granting Silverado's first amended plea to the jurisdiction, signed on January 9, 2015;
6 Order granting Silverado's 91a motion to dismiss Plaintiffs' breach of trust and/or breach of fiduciary duty in Cause No. 427,208 and/or No. 427,208-401, signed on January 9, 2015;
7 Order granting Silverado's motion to modify order granting first amended plea to the jurisdiction in Cause No. 427,208 and/or No. 427,208-401, signed on May 12, 2015; and
8 Modified Order granting Silverado's first amended plea to the jurisdiction in Cause No. 427,208 and/or No. 427,208-401, signed on May 12, 2015.
9 Amended Notice of Appeal, dated June 16, 2015.
3
Respectfully submitted,
/s/ Philip M. Ross Philip M. Ross State Bar No. 17304200 1006 Holbrook Road San Antonio, Texas 78218 Phone: 210/326-2100 Email: ross_law@hotmail.com Attorney for Appellants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above document was e-filed and sent by email or electronic delivery by agreement to: Josh Davis Lewis Brisbois Bisgaard & Smith, LLP Weslayan Tower, Suite 1400 24 Greenway Plaza Houston, TX 77046
on November 17, 2015.
/s/ Philip M. Ross
Philip M. Ross
TAB 1
DOCKET INFORMATION
CLERK'S RECORD
Volume 1 of 3
Trial Court Cause No. 427208-401 FILED IN
In the County Probate Court Number One (1)1st COURT OF APPEALS HOUSTON, TEXAS
of Harris County, Texas
7/16/2015 11:39:34 AM
Honorable LOYD H. WRIGHT, Judge Presidina eHRISTOPHER A. PRINE
Clerk
RUBY S. PETERSON
, Incap.
Appealed to the
1st Court of Appeals, at Houston, Texas
Attorney for Appellant(s): Name: PHILIP M. ROSS Address: 1006 HOLBROOK ROAD, SAN ANTONIO, TEXAS 78218 Telephone no.: 210-326-2100 Fax no.: N/A E-mail address: ROSS_LAW@HOTMAIL.COM SBOT no.: 17304200 Attorney for: MACKEY GLEN PETERSON, TONYA PETERSON,D ON LESLIE PETERSON, AND LONNY PETERSON
Name of clerk preparing the clerk's record: Hastings, Marisol (CCO)
Event Date Event Type Vol - Page 7/16/2015 Cover Page 1-1 7/16/2015 Index 1-2 7/13/2015 Clerks Notation 1-9 7/13/2015 Appeal Term 1 - 10 9/19/2014 Index 1 - 11 9/19/2014 ORDER OF TRANSFER TO PROBATE COURT PURSUANT TO 1 - 15 PROBATE COURT ORDER SIGNED 8/19/14
9/19/2014 EXHIBIT A- ORDER OF TRANSFER, SIGNED 7/25/14 1 - 18 9/19/2014 HARRIS COUNTY DOCKET SHEET 1 - 21 9/19/2014 PLAINTIFFS' ORIGINAL PETITION 1 - 23 9/19/2014 Civil Case Information Sheet 1 - 65 9/19/2014 REVOCATION OF PREVIOUS POWERS OF ATTORNEY 1 - 67 9/19/2014 WITNESS TO THE SIGNING OF A DURABLE POWER OF ATTORNEY 1 - 72 9/19/2014 ORDER GRANTING PLAINTIFFS' AMENDED EMERGENCY 1 - 132 APPLICATION FOR TEMPORARY RESTRAINING ORDER ORDER NOT ENTERED
9/19/2014 EXHIBIT 2- LETTER FROM: SHERRY JOHNSTON 1 - 137 9/19/2014 EXHIBIT 3- LETTER FROM: SHERRY JOHNSTON 1 - 139 9/19/2014 EXHIBIT 4- LETTER FROM: DAVID DEXEL 1 - 141 9/19/2014 EXHIBIT 5- LETTER 1 - 143 9/19/2014 EXHIBIT 8- LETTER FROM: SHERRY JOHNSTON 1 - 145 9/19/2014 REVOCATION OF PREVIOUS POWERS OF ATTORNEY 1 - 148 9/19/2014 EXHIBIT- LETTER 1 - 154 9/19/2014 DURABLE POWER OF ATTORNEY 1 - 175 9/19/2014 EXHIBIT- LETTER FROM: CECIL C. HAFFELFINGER 1 - 182 9/19/2014 Exhibit- Letter 1 - 184 9/19/2014 Exhibit- Letter From: Ruby Peterson 1 - 186 9/19/2014 Exhibit - Letter From: Mack Peterson 0 & 0 1 - 188 9/19/2014 Exhibit -The Right To Refuse Antipsychotic Drugs: Safeguarding The 1 - 193 Mentally Incompetent Patients Right To Procedural Due Process 9/19/2014 Exhibit - Aarp Wins Class Action Against Over-Drugging Of Seniors 1 - 230
3
9/19/2014 Exhibit - The Mass Psychotropic Drugging Of The Elderly 1 - 235 9/19/2014 Exhibit - Human Resources Code Title 6. Services For The Elderly 1 - 241 9/19/2014 Exhibit - Health And Safety Code Title 7. Mental Health And Mental 1 - 249 Retardation
9/19/2014 Exhibit - The Right To Refuse Antipsychotic Drugs: Safeguarding The 1 - 275 Mentally Incompetent Patients Right To Procedural Process 9/19/2014 Exhibit - Medicine Net.Com 1 - 312 9/19/2014 Exhibit - Drug Abuse: Antipsychotics In Nursing Homes 1 - 316 9/19/2014 Affidavit Of Carol Jane Peterson 1 - 323 9/19/2014 Affidavit Of Donny (Don) Leslie Peterson 1 - 332 9/19/2014 Affidavit Of Mackey (Mack) Glen Peterson 1 - 336 9/19/2014 Affidavit Of Tonya Peterson 1 - 341 9/19/2014 Affidavit Of Sherry Peterson 1 - 350 9/19/2014 DAVID PETERSON AND CAROL MANLEY'S RESPONSE TO 1 - 352 APPLICATION FOR EMERGENCY TEMPORARY RESTRAINING ORDER
9/19/2014 AFFIDAVIT AUTHENTICATING EXHIBITS 1 - 367 9/19/2014 EXHIBIT A- DURABLE POWER OF ATTORNEY 1 - 370 9/19/2014 EXHIBIT B-AFFIDAVIT OF CUSTODIAN OF RECORDS OF DR. 1 - 378 CHRISTOPHER MERKL
9/19/2014 EXHIBIT C- LETTER FROM: SARAH PATEL PACHECO, CRAIN CATON 1 - 383 & JAMES, PC
9/19/2014 EXHIBIT D- STATUTORY DURABLE POWER OF ATTORNEY 1 - 388 9/19/2014 EXHIBIT E- STATUTORY DURABLE POWER OF ATTORNEY 1 - 393 9/19/2014 EXHIBIT F- REVOCATION OF PREVIOUS POWERS OF ATTORNEY 1 - 398 9/19/2014 EXHIBIT G- LETTER FROM: SARAH PATEL PACHECO, CRAIN 1 - 400 CATON & JAMES, PC
9/19/2014 EXHIBIT H- ORIGINAL PETITION FOR APPOINTMENT OF 1 - 405 TEMPORARY AND PERMANENT GUARDIAN(S) OF THE PERSON AND ESTATE OF RUBY S. PETERSON, FOR DECLARATORY JUDGMENT, AND FOR ALTERNATIVE RELIEF, TEMPORARY RESTRAINING ORDER, TEMPORARY INJUNCTION AND PERMANENT INJUNCTION
9/19/2014 EXHIBIT I- COURT INVESTIGATOR REPORT PURSUANT TO §648A & 1 - 432 §683 OF THE TEXAS PROBATE CODE 9/19/2014 EXHIBIT J- LETTER FROM: SARAH PATEL PACHECO, CRAIN CATON 1 - 436 & JAMES, PC
9/19/2014 EXHIBIT K- REPORT OF GUARDIAN AD LITEM 1 - 442 9/19/2014 EXHIBIT L- LETTER FROM: MACK PETERSON 1 - 471
4
9/19/2014 SWORN EMERGENCY APPLICATION FOR EMERGENCY 1 - 475 TEMPORARY RESTRAINING ORDER & TEMPORARY INJUNCTION 9/19/2014 Subpoena Returned -Subpoena Duces Tecum To Attorney, Michael 1 - 525 Hirsch
9/19/2014 Letter From: Sylvia A. Matthews, Judge, 281St District Court 1 - 529 9/19/2014 PLAINTIFFS' AMENDED PETITION AND JURY DEMAND 1 - 532 9/19/2014 PLAINTIFFS' SECOND AMENDED PETITION AND JURY DEMAND 1 - 593 9/19/2014 CIVIL PROCESS REQUEST TO: CAROL ANN MANLEY 1 - 678 9/19/2014 CIVIL PROCESS REQUEST TO: SILVERADO SENIOR LIVING OF 1 - 681 SUGARLAND, TEXAS
9/19/2014 PLAINTIFFS' SECOND AMENDED PETITION AND JURY DEMAND 1 - 684 9/19/2014 CIVIL PROCESS REQUEST TO: SILVERADO SENIOR LIVING OF 1 - 769 SUGARLAND, TEXAS
9/19/2014 CIVIL PROCESS REQUEST TO: CAROL ANN MANLEY 1 - 772 9/19/2014 PLAINTIFFS' SECOND AMENDED PETITION AND JURY DEMAND 1 - 775 9/19/2014 PLAINTIFFS' SECOND AMENDED PETITION AND JURY DEMAND 1 - 860 9/19/2014 CIVIL PROCESS REQUEST TO: CAROL ANN MANLEY 1 - 945 9/19/2014 CIVIL PROCESS REQUEST TO: SILVERADO SENIOR LIVING OF 1 - 948 SUGARLAND, TEXAS
9/19/2014 SWORN EMERGENCY APPLICATION FOR EMERGENCY 1 - 951 TEMPORARY RESTRAINING ORDER & TEMPORARY INJUNCTION 9/19/2014 ORDER GRANTING PLAINTIFFS' AMENDED EMERGENCY 1 - 1002 APPLICATION FOR TEMPORARY RESTRAINING ORDER ORDER NOT ENTERED
9/19/2014 Affidavit Of Carol Jane Peterson 2 - 1008 9/19/2014 Affidavit Of Donny (Don) Leslie Peterson 2 - 1017 9/19/2014 Affidavit Of Mackey (Mack) Glen Peterson 2 - 1021 9/19/2014 Affidavit Of Mackey (Mack) Glen Peterson 2 - 1026 9/19/2014 Affidavit Of Tonya Peterson 2 - 1031 9/19/2014 REQUEST Civil Process Request To: Carol Ann Manley 2 - 1040 9/19/2014 CIVIL PROCESS REQUEST TO: SILVERADO SENIOR LIVING OF 2 - 1043 SUGARLAND, TEXAS
9/19/2014 NOTICE OF APPEARANCE OF COUNSEL PHILIP M. ROSS 2 - 1046 9/19/2014 CIVIL PROCESS PICK-UP FORM CHRIS DANIEL, HARRIS COUNTY 2 - 1050 DISTRICT CLERK
5
9/19/2014 MOTION TO TRANSFER FROM DISTRICT COURT TO PROBATE 2 - 1052 COURT PURSUANT TO PROBATE COURT ORDER 9/19/2014 ORDER OF TRANSFER TO PROBATE COURT PURSUANT TO 2 - 1056 PROBATE COURT ORDER ORDER NOT ENTERED
9/19/2014 MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS FOR 2 - 1059 DISCOVERY ABUSE
9/19/2014 Letter From: Candice Schwager, Re: Cease And Desist Letter From 2 - 1074 Silverado Senior Living
9/19/2014 Letter From: Candice Schwager, Re: Silverado - Peterson 2 - 1079 9/19/2014 Letter From: Josh Davis, Re: Cease And Desist Letter From Silverado 2 - 1084 Senior Living
9/19/2014 Letter From: Phil Ross, Re: Ruby Peterson 2 - 1087 9/19/2014 Letter From: Candice Schwager, Re: Ruby Peterson 2 - 1093 9/19/2014 Letter From: Josh Davis, Re: Silverado Visitation 2 - 1100 9/19/2014 Letter From: Kathleen Tanner Beduze, Re: Ruby Peterson 2 - 1106 9/19/2014 Letter From: Kathleen Tanner Beduze, Re: Ruby Peterson 2 - 1113 9/19/2014 Letter From: Candice Schwager, Re: Ruby Peterson 2 - 1118 9/19/2014 Letter From: Candice Schwager, Re: Ruby Peterson 2 - 1125 9/19/2014 Letter From: Kathleen Tanner Beduze, Re: Ruby Peterson 2 - 1132 9/19/2014 Letter From: Candice Schwager, Re: Ruby Peterson 2 - 1140 9/19/2014 Notice Of Submission- Kathleen Tanner Beduze, Crain Caton & James, 2 - 1154 Pc
9/23/2014 RESPONSE TO MOTION FOR PROTECTION AND, ALTERNATIVELY, 2 - 1157 MOTION TO COMPEL
9/24/2014 DEFENDANT RESPONSE TO PLAINTIFFS MOTION FOR 2 - 1220 PROTECTION AND ALTERNANTIVELY MOTION TO COMPEL 9/24/2014 MOTION FOR CONTINUANCE OF HEARING DATE FOR MOTION IN 2 - 1227 LIMINE AND FOR DISQUILIFICATION OF DAVID PETERSON AND CAROL ANNE NABKET
9/24/2014 NOTICE OF SUBMISSION 2 - 1235 9/24/2014 REPLY TO SILVERADO'S REPONSE TO PLAINTIFFS MOTION FOR 2 - 1238 PROTECTION, AND ALTERNATIVELY, MOTION TO COMPEL 10/8/2014 PLAINTIFFS' AMENDED MOTION IN LIMINE AND FOR 2 - 1245 DISQUALIFICATION OF CAROL ANN MANLEY AND DAVID TROY PETERSON
10/8/2014 PLAINTIFFS' SUPPLEMENTAL RESPONSE TO CONSPIRACY OF 2 - 1293 MOTIONS FOR SANCTIONS AND/OR CONTEMPT 10/8/2014 DEFENDANTS' JOINDER IN MOTION PURSUANT TO TEXAS RULE 2 - 1305 OF CIVIL PROCEDURE 215 AND SUPPLEMENTAL MOTION FOR SANCTIONS
10/8/2014 OBJECTION TO LATE FILED HEARING NOTICE REGARDING RULE 2 - 1356 215 SANCTIONS
6
10/9/2014 GUARDIAN AD LITEM & ATTORNEY AD LITEM'S SUPPLEMENTAL 2 - 1359 REPLY TO PLAINTIFFS' RESPONSE TO MOTIN FOR SANCTIONS AND TO SHOW CAUSE
10/13/2014 DEFENDANTS RESPONSE TO PLAINTIFFS' IMPLIED MOTION TO 2 - 1370 COMPEL
10/14/2014 AFFIDAVIT OF DUE DILLIGENCE 2 - 1375 10/21/2014 ORDER ON DAVID PETERSON AND CAROL ANNE MANLEY'S 2 - 1376 MOTION FOR GAG ORDER, SIGNED OCTOBER 16, 2014 10/21/2014 SUPPLEMENTAL RESPONSE TO SANCTIONS MOTIONS 2 - 1377 10/21/2014 ORDER DENYING SANCTIONS AGAINST PLAINTIFFS AND/OR 2 - 1384 CANDICE SCHWAGER
11/11/2014 ORDER ON DAVID PETERSON AND CAROL ANNE MANLEY'S 2 - 1385 MOTION FOR SANCTIONS, SIGNED 11-10-2014 11/11/2014 ORDER GRANTING AUTHORITY FOR GUARDIAN AD LITEM AND 2 - 1386 ATTORNEY AD LITEM TO EXECUTE PETERSON RULE 11 AGREEMENT; SIGNED 11/7/14 11/17/2014 MOTION TO RECONSIDER RULINGS WITH AFFIDAVIT OF INABILITY 2 - 1391 TO PAY & COUNTER MOTION FOR SANCTIONS AND/OR APPLICATION OF CLEAN HANDS DOCTRINE 11/19/2014 REPLY TO SILVERADO'S RESPONSE TO PLAINTIFFS' MOTION FOR 2 - 1417 PROTECTION, AND ALTERNATIVELY, MOTION TO COMPEL 11/19/2014 ORDER DENYING MOTION FOR PROTECTION AND, 2 - 1424 ALTERNATIVELY, MOTION TO COMPEL, SIGNED SEPTEMBER 25, 2014
11/19/2014 MOTION FOR LIMINE AND FOR DISQUALIFICATION OF DAVID 2 - 1426 PETERSON AND CAROL ANNE MANLEY, SIGNED OCTOBER 16, 2014
12/5/2014 BRIEF IN SUPPORT OF MOTION TO RECONSIDER AND RESCIND 2 - 1434 RULE 91A DISMISSAL OF SILVERADO AND SANCTIONS ORDERS 12/5/2014 BRIEF IN SUPPORT OF MOTION TO RECONSIDER AND RESCIND 2 - 1448 RULE 91A DISMISSAL OF SILVERADO AND SANCTIONS ORDERS 12/9/2014 Notice of Hearing On Thursday, 1/8/2015 At 2:00 Pm 2 - 1462 12/9/2014 FIRST SUPPLEMENT TO APPLICATION FOR ATTORNEY FEES 2 - 1464 PURSUANT TO RULE 91A ORDER ENTERED ON 11/10/2014 12/16/2014 OBJECTION TO RULE 91A DISMISSAL OF CLAIMS AGAINST 2 - 1481 SILVERADO FEE APPLICATION AD MOTION FOR SANCTIONS 1/22/2015 PLANTIFFS SOLE REMAINING CLAIM: BREACH OF TRUST AND/OR 2 - 1496 BREACH OF FIDUCIARY DUTY; THIS INSTRUMENT RETURNED UNSIGNED BY JUDGES OFFICE 1/22/2015 ORDER GRANTING SILVERADO'S FIRST AMENDED PLEA TO THE 2 - 1509 JURISDICTION; SIGNED 1/9/15 1/22/2015 ORDER GRANTING APPLICATION FOR ATTORNEY FEES 2 - 1514 PURSUANT TO RULE 91A ORDER ENTERD ON NOVEMBER 10, 2014 1/22/2015 ORDER DENYING MOTION TO RECONSIDER 91A MOTION TO 2 - 1516 DISMISS AND MOTION FOR SANCTIONS; SIGNED 1/9/15 1/22/2015 PLAINTIFFS BREACH OF TRUST AND/OR BREACH OF FIDUCIARY 2 - 1525 DUTY; DISMISSED WITH PREJUDICE SIGNED 1/9/15 1/22/2015 FIFTH AMENDED PETITION 2 - 1537 1/23/2015 FIRST AMENDED APPLICATION FOR PAYMENT OF APPOINTEE'S 2 - 1556 FEES AND EXPENSES PURSUANT TO TEXAS ESTATES CODE SECTION 1054.055 FOR THE TIME PERIOD MARCH 27 2014 THROUGH OCTOBER 31, 2014
1/23/2015 APPLICATION FOR PAYMENT OF APPOINTEE'S FEES AND 2 - 1588 EXPENSES PURSUANT TO TEXAS ESTATE CODE SECTION 1054.055 FOR THE TIME PERIOD FEBRUARY 26, 2014 THROUGH NOVEMBER 7, 2014, SIGNED 01-19-2015
7
2/6/2015 PLAINTIFFS & SCHWAGER MOTION TO MODIFY ORDERS 3 - 1617 CONCERNING RULE 91A DISMISSAL PLEA TO THE JURISDICTION AND SANCTIONS
2/9/2015 Notice of Appeal 3 - 2043 2/19/2015 NOTICE OF ASSIGNMENT 3 - 2047 2/23/2015 Misc. Notice 3 - 2049 3/10/2015 DESIGNATION REQUEST-1ST REQUEST - NOTICE LETTER 3 - 2054 3/13/2015 Misc. Notice 3 - 2055 3/23/2015 MOTION TO SET ASIDE RULE 11 AGREEMENT FOR ILLEFALITY 3 - 2058 LACK OF CONSIDERATION FRAUD AND EMOTIONAL FINANCIAL DURESS
3/23/2015 AMENDED MOTION TO SET ASIDE RULE 11 AGREEMENT FOR 3 - 2078 ILLEFALITY LACK OF CONSIDERATION FRAUD AND EMOTIONAL FINANCIAL DURESS
4/7/2015 Notice of Hearing 3 - 2103 4/7/2015 Notice of Hearing 3 - 2105 4/10/2015 Misc. Notice- Green Card From Court Of Appeals 3 - 2107 4/10/2015 MEMORANDUM OPINION -MOTION TO DISMISS APPEAL GRANTED. 3 - 2110 4/10/2015 JUDGMENT- FIRST COURT OF APPEALS NO. 01-15-00158-CV, 3 - 2112 JUDGMENT ON UNOPPOSED MOTION TO DISMISS APPEAL JUDGMENT RENDERED APRIL 7, 2015 5/13/2015 RESPONSE IN OPPOSITION TO GUARDIAN AD LITEM AND 3 - 2113 ATTORNEY AD LITEM'S MOTION FOR ENTRY OF JUDGMENT ON NON-REVOCABLE SETTLEMENT AGREEMENT PURSUANT TO SECTION 1055.151(C) OF THE TEXAS ESTATES CODE 5/13/2015 RESPONSE IN OPPOSITION TO GUARDIAN AD LITEM AND 3 - 2119 ATTORNEY AD LITEM'S MOTION FOR ENTRY OF JUDGMENT ON NON-REVOCABLE SETTLEMENT AGREEMENT PURSUANT TO SECTION 1055.151(C) OF THE TEXAS ESTATE CODE, RETURNED UNSIGNED BY JUDGE'S OFFICE 5/13/2015 SILVERADO'S MOTION TO MODIFY ORDER GRANTING FIRST 3 - 2128 AMENDED PLEA TO THE JURISDICTION; SIGNED 05/12/15. MODIFIED ORDER GRANTING SILVERADO'S FIRST AMENDED PLEA TO THE JURISDICTION; ORDERED THAT PLAINTIFFS CAROL PETERSON AND TONYA PETERSON DO NOT HAVE STANDING TO BRING CLAIMS ON BEHALF OF RUBY PETERSON AS NEXT FRIENDS OR OTHERWISE. SIGNED 05/12/15 5/13/2015 SILVERDO'S MOTION FOR SUMMARY JUDGMENT, SIGNED 05-12- 3 - 2136 2015
5/18/2015 NOTICE LETTER-306-SUMMARY JUDGMENT 3 - 2146 6/12/2015 MANDATE FROM THE FIRST COURT OF APPEALS , NO. 01-15- 3 - 2148 00158-CV, JUDGMENT RENDERED APRIL 7, 2015 6/12/2015 BILL OF COST FROM THE FIRST COURT OF APPEALS NO. 01-15- 3 - 2150 00158-CV
6/12/2015 GREEN CARD NOTICE FROM THE FIRST COURT OF APPEALS 3 - 2152 6/17/2015 AMENDED NOTICE OF APPEAL 3 - 2155 6/26/2015 NOTICE OF ASSIGNMENT 3 - 2160 7/6/2015 Misc. Notice 3 - 2162 7/10/2015 PAYMENT REQUEST-NOTICE OF APPEAL 3 - 2167
8
7/15/2015 Appeal Bill Of Cost 3 - 2168 7/16/2015 Docket Sheet 3 - 2170 7/15/2015 Clerks Seal 3 - 2179
Comments:
TAB 2
Order granting Defendant Silverado Senior Living, Inc. d/b/a Silverado Senior Living – Sugar Land's Rule 91a motion to dismiss in Cause Nos. 427,208 and/or 427,208-401 signed on November 10, 2014
CAUSE NO. 427.208
RUBY S. PETERSON, Individually. ti IN PROBATE, COURT NO. I MACKEY ("MACK -) GLEN PETERSON § PETERSON. Individually. Next Friend ti Attorney-in Fact for MIRY PETERSON. DON LESLIF PETERSON ti Individually, Next Friend, Attorney-in - fi Fact of . Rt itiY S. PE. I.ERSON, LONNY PETERSON. Individually and Next Friend ti Of RI S. Peterson ti
VS. OF ti
CAROL. ANNE MANLEY, DAVID PETERSON, SIEVERADO SENIOR LIVING, INC. d/b/a SILVERADO§ SENIOR LIVING St IGAR LAND I IARRIS C01;NTY. TEXAS
ORDER GRANTING DEFENDANT SILVERADO SENIOR LIVING, INC. 1)/13/A SILVERADO SENIOR LIVING - SUGAR LAND'S RULE 91a MOTION TO DISMISS
tit: IT RINEMBERFD that on this day came on to be considered Defendant, Silverado
Senior 1.ivini2, Inc. d/b/a Silverado Senior Living Sugar Land's Motion to Dismiss Pursuant to
TRCP Rule 91 a and the Court alter reviewing such motion is of the opinion that this Motion is well
taken should he in all things GRANTED.
PI„NINTIFES" claims for false imprisonment, assault and battery. and conspiracy are hereby
DIS!VIISSI D WM! solely as to Silverado Senior Living, Inc. d/b/a Silverado Senior
Living Sugar Land.
IT IS Ft WILIER ORDERED, that Silverado Senior Living, Inc. d/b/a Silverado Senior
Living. Sugar Land he awarded its costs and attorneys' lees after considering evidence within
thirty (30) days from the date of this order.
All relief- not expressly granted herein is denied.
SIGNED this 1? day of
4847-2020-9 I N4. I
TAB 3
Order denying motion to reconsider 91a motion to dismiss and motion for sanctions, signed on January 9, 2015
401
CAUSE NO. 427,208
MACKEY ("MACK") GLEN PETERSON IN PROBATE COt IRT NO. 1 PETERSON: TONYA PETERSON Individually and as Next Friend of RUBY PETERSON; DON LESLIE, PETERSON; CAROL PETERSON, Individually and as Next Friend of RUBY PETERSON; and LONNY PETERSON.
VS.
SILVERADO SENIOR LIVING, INC. d/b/a SILVERADO SENIOR LIVING SUGAR LAND I IARRIS COUNTY, TEXAS
ORDER DENYING MOTION TO RECONSIDER 91a MOTION TO DISMISS AND MOTION FOR SANCTIONS
BE IT REMEMBERED that. on this day came on to be considered Plaintilfs Motion to
Reconsider Rulings with Affidavit of Inability to Pay and Counter Motion for Sanctions and/or
Application of Clean [lands Doctrine and Brief in Support of Motion to Reconsider and Rescind
Rule 91A Dismissal of Silverado and Sanctions Orders and the Court after reviewing such motion,
briefing and any responses is of the opinion that this Motion and Brief in Support should be
DENIED
It is therefore ORDERED that Plaintiffs' Motion to Reconsider and Rescind Rule 91a
Dismissal of Silverado and Request for Sanctions against Silverado and Josh Davis is IIER113Y
DENIED.
All relief not expressly granted herein is denied.
9 74i
SIGNED this day of gct.,-11,A;v77_ 2014.
it GE PR( MING
.1845-9192-5280 I
TAB 4
Order granting application for attorney's fees pursuant to Rule 91a Order entered on November 10, 2014, signed on January 9, 2015
CAUSE NO. 427,208
MACKEY ( -MACK") GLEN PEITRSON IN PROBATE C011RT NO. I PETERSON; TONYA PETERSON Individually and as Next Friend of RUBY PETERSON; DON LESLIE PETERSON; CAROL PETERSON, Individually and as Next Friend of RUBY PETERSON: and LONNY PETERSON,
VS.
§
SILVERADO SENIOR LIVING, INC. (Fh/a SILVERADO SENIOR LIVING — SUGAR LAND § HARRIS COUNTY, TEXAS
ORDER GRANTING APPLICATION FOR ATTORNEY FEES PURSUANT TO RULE 91a ORDER ENTERED ON NOVEMBER 10, 2014
BE IT REMEMBERED that on this day came on to be considered Defendant, Silverado
Senior Living, Inc. d/b/a Silverado Senior Living Sugar Silverado Senior Living, Inc. dibia
Silverado Senior Living Sugar Land Application for Attorney Fees Pursuant to Rule 91a Order
Entered On November 10, 2014 and the Court after reviewing such motion. supplement, any
response thereto, objections and response, and oral argument is of the opinion that this Motion is
well taken should be in all things GRANTED.
IT IS TI IEREFORE ORDERED, that Silverado Senior Living, Inc. d/b/a Silverado Senior ye
living Sugar Land he awarded its costs and attorneys' lees in the amount of $ e IT IS FURTHER ORDERED, that Silverado Senior Living, Inc. d/bia Silverado Senior
hiving Sugar Land be awarded its costs and attorneys' fees in the amount of $ poi,
the event of appeal, S — if plaintiff files a Writ of Error or Petition for Review with V")
-7
the Supreme Court of Texas, and S 'if the Writ of Error or Petition for Review is Granted
by the Supreme Court of Texas.
S I -064 -8097 I
All relief not expressly granted herein is denied.
-7-11
SIGNED this 7 day of
Approved and Entry Requested By:
IS; C 7tristian I?. Johnson
JOSH K. DAVIS State Bar No. 24031993 CHRISTIAN R. JOHNSON State Bar No. 24062345 LEWIS BRISBOIS BISGAARD & SMITH, LLP Weslayan Tower. Suite 1400 24 Greenway Plaza flouston, Texas 77046 (713) 659-6767 Telephone (713) 759-6830 Facsimile ATTORNEYS FOR DEFENDANTS, SILVERADO SENIOR LIVING, INC. I)/B/A SILVERADO SENIOR LIVING SUGAR LAND
1S I I Oh48. 8097
TAB 5
Order granting Silverado's first amended plea to the jurisdiction, signed on January 9, 2015
CAUSL NO. 427,208 --
MACKLY ("MACK") 61,F.N I'FTFRSON IN PROI3X1' COURT NO. 1 PlIT:RSON: TONYA PLTFRSON ti Individually and as Next Friend of RLRY PLIERSON: DON I PHIRSON; CAROL PFTNRSON, Individually and as Next Friend of RUBY PLTNRSONi and LONNY PETERSON. ss
VS.
SII,Vh.RADO INC'.
SIIA'FRADO SFINIM —
SH(iAR LANE) HARRIS COUNTY, TEXAS
MODIFIED ORDER GRANTING SILVERADO'S FIRST A.MENDED PLEA TO THE JURISDICTION
BF: IT RLMEMI3FRFD that on this day came on to he considered Defendant, Silverado
Senior Living. Inc. d/h/a Silverado Senior living Sugar Land's First Amended Plea to the
Jurisdiction and the Court after reviewing such motion together with supplementation and any
response thereto is of the opinion that this Motion is well taken should he in all things GRANTED.
It is I IlIZI'113Y OR DI 4WD, AD.IliDGED and DFCRITD that PI _A INTIFFS Carol Peterson
and Tonya Peterson do not have standing to hying claims on bchallof Rt !BY printsoN as next
friends or otherwise. The sole persons with standing to bring claims on behalf of RI. In
PliTRSON are David Peterson. Carol Manley and/or her Court appointed ad /items.
All relief not expressly granted herein is denied.
SIGMA this /4 day of tr,LL 2015.
.1 .11)(.iE I F.SIDING
-1819-47(4.03'A
TAB 6
Order granting Silverado's 91a motion to dismiss Plaintiffs' breach of trust and/or breach of fiduciary duty in Cause No.
427,208 and/or No. 427,208-401, signed on January 9, 2015
('Al !Sr NO. 427,208
mAcxr.Y ("mA('K -) cd.rN pyrr:RsoN IN PROIIATI 2 C( R I NO. I PHERSON: TONYA PI' Individuallv and as Next Friend of MIRY PHERSON. DON LES! II'. PI: IERSON1 CAROL PL. ERSON, Individually and as Next Friend of RUBY PHERSON: and LONNY PLTLRSON.
VS
tilt VLRADO SENIOR LIVING, INC. c.1.11;a SIIATRADO SUNIOR I IVIN(i St (iAR LAND 'NTY. I l'NAS
ORDER GRANTING SILVERADO'S 91a MOTION TO DISMISS PLAINTIFFS' BREACH OF TRUST AND/OR BREACH OF FIDUCIARY DUTY
81, H Rrhir,IV1BERLD that on this day came on to be considered pcie ndain. Silverado
Senior I.iving. Inc. d/hla Silverado Senior I 11 (.1 Sugar band's Motion to Dismiss Pursuant to
I RCP Rule 9 I a and the Court iliter reviewing such motion. supplement and any response thereto is
of the opinion that this Motion is well taken should be in all things GRANTED.
PLAINTIFI S' claim For breach of trust andior breach of Fiduciary duty is hereby
DISNIISSFiD WITH PRI.JI. Din Iverado Senior I Hying. Inc. dfbia Silverado Senior Living
Sugar Land.
IT IS Ft RH IrR 01ZDF;RED, that Silverado Senior I ,ikint.t. Inc. d/b/a Sil erado Senior
Living • Sugar ,and be awarded its costs and attorneys' lees in the amount oi $2.692.50.
IT IS Ft OR.Dr.R11), that Silverado Senior Living. Inc. d/h/a Silverado Senior
I .iving Sugar Land be awarded its costs and attorney s' lees in the amount. of $750 in the event
Plaintiffs' file a motion to reconsider. SI 0.000.00 in the ev cut ol'appeal. $7,500.00 if plan-nal-des a
Writ of Error or Petition lir Review wnh the Supreme Court of Texas. and $7.500.00 ilthe Writ of
Error or Petition For Review is Granted by the Supreme Court of Texas.
All relief not expressly granted herein is denied.
SIGNED this day of 201s.
L.lsr
~~ iLiCNTZ.
I Z1i1S11)1N(i
TAB 7
Order granting Silverado's motion to modify order granting first amended plea to the jurisdiction in Cause No. 427,208 and/or No.427,208-401, signed on May 12, 2015
('At 1S1 NO. 427208
IVI,ACKEY (-MACK") (ii] N PVIERSON IN PRORATE COt IR.!' NO. I PHERSON, TONYA PHERSON Individually and as Next Friend of' RLI3Y PHERSON; DON IESI dr PETERSON: CAROL PHERSON, Individually and as Next Friend of RUBY PETERSON: and LONNY PHERSON, ti
VS.
ti
SII VERADO SENIOR LIVING, INC. diblo SILVERADO SFNIOR LIVING — St/OAR LAND I IAR It IS C'OUNl Y. HAAS
ORDER GRANTING SILVERADO'S MOTION TO MODIFY ORDER GRANTING FIRST AMENDED PLEA TO THE JURISDICTION
131 I I RLMEM1311a,D that on this day came on to he considered Defendant., Silverado
Senior I.iving. Inc. d/b/a Silverado Senior Living Sugar Land Motion to Modify Order Granting First
Amended Plea to the Jurisdiction and the Court after reviewing such motion together with any
response thereto is of the opinion that this Motion is well taken should be in all things GRANTED.
It is 1 IERLI3Y DFIZ AD.It !DOI) and DhICRI 1,11) that the Second Paragraph of the
Order ( ;ranting First Amended Plea to the Jurisdiction is I 11:.R1 STK IUKI1N and modi lied to he
RITFACH) with the following:
It k I 11:RIAIY ORDERLD, ADJUDGED and DLCRITD that PLAINTIFFS Carol
Peterson and Ionya Peterson do not have standing to bring claims on behalf of
t 13Y PI. fLRSON as next friends or otherwise. The sole persons with standine, to
bring claims on behalf of RUBY PHERSON are David Peterson, Carol Manley
and/or her Court appointed ad I items.
All relief not expressly granted herein is denied.
SI(iNI1) this day of - 2t)15.
JUDO'. 1) ZESIDING,
TAB 8
Modified Order granting Silverado's first amended plea to the jurisdiction in Cause No. 427,208 and/or No. 427,208-401, signed on May 12, 2015
CAUSL NO. 427,208 --
MACKLY ("MACK") 61,F.N I'FTFRSON IN PROI3X1' COURT NO. 1 PlIT:RSON: TONYA PLTFRSON ti Individually and as Next Friend of RLRY PLIERSON: DON I PHIRSON; CAROL PFTNRSON, Individually and as Next Friend of RUBY PLTNRSONi and LONNY PETERSON. ss
VS.
SII,Vh.RADO INC'.
SIIA'FRADO SFINIM —
SH(iAR LANE) HARRIS COUNTY, TEXAS
MODIFIED ORDER GRANTING SILVERADO'S FIRST A.MENDED PLEA TO THE JURISDICTION
BF: IT RLMEMI3FRFD that on this day came on to he considered Defendant, Silverado
Senior Living. Inc. d/h/a Silverado Senior living Sugar Land's First Amended Plea to the
Jurisdiction and the Court after reviewing such motion together with supplementation and any
response thereto is of the opinion that this Motion is well taken should he in all things GRANTED.
It is I IlIZI'113Y OR DI 4WD, AD.IliDGED and DFCRITD that PI _A INTIFFS Carol Peterson
and Tonya Peterson do not have standing to hying claims on bchallof Rt !BY printsoN as next
friends or otherwise. The sole persons with standing to bring claims on behalf of RI. In
PliTRSON are David Peterson. Carol Manley and/or her Court appointed ad /items.
All relief not expressly granted herein is denied.
SIGMA this /4 day of tr,LL 2015.
.1 .11)(.iE I F.SIDING
-1819-47(4.03'A
TAB 9
Amended Notice of Appeal, dated June 16, 2015
ACCEPTED
01-15-00567-CV
DV FIRST COURT OF FILED APPEALS
6/17/2015 11:11:11 AM
HOUSTON, TEXAS
Stan 5:18:59
7/10/2015 Stanart PM
County Clerk
CHRISTOPHER PRINE
Harris County
CLERK
PROBATE COURT 1
NO. 427,208 – 401
[formerly Cause No. 2014-40980]
MACKEY (“MACK”) GLEN PETERSON, § IN THE PROBATE COURT PETERSON, Individually, Next Friend § of RUBY PETERSON, DON LESLIE § [transferred from the 129th PETERSON, Individually and as Next § Judicial District Court] Friend, of RUBY PETERSON, and § LONNY PETERSON, Individually and § Next Friend of RUBY S. PETERSON, § §
Plaintiffs, § §
V. § NO. ONE §
CAROL ANNE MANLEY, § DAVID PETERSON, SILVERADO § SENIOR LIVING, INC., d/b/a Silverado § Senior Living – Sugar Land, § §
Defendants. § HARRIS COUNTY, TEXAS
AMENDED NOTICE OF APPEAL
TO THE HONORABLE JUDGE PRESIDING AND TO THE JUSTICES OF THE FIRST AND FOURTEENTH JUDICIAL DISTRICT COURTS OF APPEALS:
NOW COME, MACKEY GLEN PETERSON, TONYA PETERSON, DON
LESLIE PETERSON, and LONNY PETERSON (“Plaintiffs”), by and through
undersigned counsel, and file their Amended Notice of Appeal pursuant to TRAP
Rule 25.1, and would show the Court as follows:
1 MACKEY GLEN PETERSON; TONYA PETERSON, DON LESLIE
PETERSON, and LONNY PETERSON timely filed their Notice of Appeal from a
2
final judgment and various orders of the trial court in Cause Nos. 427,208 and
427,208-401 on June 8, 2015. On June 15, 2015, the Probate Clerk notified the
undersigned counsel that separate notices of appeal need to be filed for each case.
Therefore, Plaintiffs are now filing amended notices of appeal for each case.
2 MACKEY GLEN PETERSON; TONYA PETERSON, DON LESLIE
PETERSON, and LONNY PETERSON desire to Appeal from the following
Orders:
A Order for Sanctions in Cause Nos. 427,208, and/or 2014-40980,
signed on November 10, 2014;
B Order on David Peterson and Carol Ann Manley's Motion for
Sanctions in Cause Nos. 427,208-401, signed on November 10, 2014;
C Order granting Defendant Silverado Senior Living, Inc. d/b/a
Silverado Senior Living – Sugar Land's Rule 91a motion to dismiss
in Cause Nos. 427,208 and/or 427,208-401 signed on November 10,
2014;
D Order Granting Authority for Guadian (sic) ad litem and Attorney ad
litem to Execute Peterson Rule 11 Agreement in Cause Nos. 427,208-
401, signed on November 7, 2014;
E Order denying motion to reconsider 91a motion to dismiss and motion
for sanctions, signed on January 9, 2015;
F Order granting application for attorney's fees pursuant to Rule 91a
Order entered on November 10, 2014, signed on January 9, 2015;
G Order granting Silverado's first amended plea to the jurisdiction,
signed on January 9, 2015;
H Order granting Silverado's 91a motion to dismiss Plaintiffs' breach of
trust and/or breach of fiduciary duty in Cause No. 427,208 and/or No.
427,208-401, signed on January 9, 2015;
I Order Approving Appointee Fees in Cause Nos. 427,208 and/or
2014-40980, signed on January 9, 2015;
J Order granting Silverado's motion to modify order granting first
amended plea to the jurisdiction in Cause No. 427,208 and/or No.
427,208-401, signed on May 12, 2015; and
K Modified Order granting Silverado's first amended plea to the
jurisdiction in Cause No. 427,208 and/or No. 427,208-401, signed on
May 12, 2015.
3 The dates of the Orders appealed from are November 7, 2014, November 10,
2014, January 9, 2015, and May 12, 2015.
4 MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE
PETERSON, and LONNY PETERSON desire to appeal.
5 MACKEY GLEN PETERSON TONYA PETERSON, DON LESLIE
PETERSON, and LONNY PETERSON desire to appeal to the First or Fourteenth
Court of Appeals, Houston, Texas.
6 MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE
PETERSON, and LONNY PETERSON are the parties filing this appeal.
7 This Notice of Appeal is being served on all parties to the court's Orders.
WHEREFORE, MACKEY GLEN PETERSON, TONYA PETERSON,
DON LESLIE PETERSON, and LONNY PETERSON hereby file this amended
notice of appeal. They also claim such further relief to which they may be justly
entitled.
Respectfully submitted,
Philip M. Ross SBN 17304200 1006 Holbrook Road San Antonio, Texas 78218 Phone: 210/326-2100 Email: ross_law@hotmail.com By: /s/ Philip M. Ross
Philip M. Ross Candice Schwager 1417 Ramada Drive Houston, TX 77062 Phone: 832-315-8489 FAX: 713-583-0355
Attorneys for MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE PETERSON, and LONNY PETERSON
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above document was e-
filed and sent by email or electronic delivery by agreement to: Sarah Pacheco Jill Young Kathleen Beduze MacIntyre, McCulloch, Stanfield, Young, LLP Crain, Caton & James, PC 2900 Weslayan, Suite 150 1401 McKinney St., Suite 1700 Houston, TX 77027 Houston, TX 77010 Josh Davis
Russ Jones Lewis Brisbois Bisgaard & Smith, LLP Underwood, Jones, Scherrer & Weslayan Tower, Suite 1400 Malouf, PLLC 24 Greenway Plaza 5177 Richmond Ave., Suite 505 Houston, TX 77046 Houston, TX 77056
on June 16, 2015.
/s/ Philip M. Ross Philip M. Ross