Tarris Woods v. Sandra T. Kenner and Charles E. Twymon, Jr.

Opinion

ACCEPTED 01-14-01030-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/17/2015 4:48:07 PM CHRISTOPHER PRINE CLERK

NO. 01-14-01030-CV

IN THE FILED IN 1st COURT OF APPEALS FIRST COURT OF APPEALS HOUSTON, TEXAS AT HOUSTON, TEXAS 6/17/2015 4:48:07 PM ______________________________________ CHRISTOPHER A. PRINE Clerk TARRIS WOODS -Appellant-

VERSUS

SANDRA T. KENNER AND CHARLES E. TWYMON, JR. -Appellee- ______________________________________ On Appeal from the Probate Court of Galveston County Trial Court Case No. PR-0075144 Hon. Kimberly Sullivan, Presiding _____________________________________________

APPELLANT'S COUNTER-RESPONSE TO APPELLEE’S OBJECTIONS AND RESPONSE TO THE MOTION FOR TEMPORARY ORDER STAYING ENFORCEMENT OF THE JUDGMENT

Douglas T. Godinich Attorney at Law SBN: 24007244 2727 Broadway Galveston, Texas 77550 (409) 763-2454 (telephone) (409) 736-4309 (facsimile) Attorney for Appellant Tarris Woods

1 TO THE HONORABE JUSTICES OF SAID COURT:

NOW COME Appellant Tarris Woods and files this

counter-response to appellee’s objection and response

to the motion for temporary order staying enforcement

of the judgment, and appellant would respectfully show

the Court as follows:

I.

Appellee assert that the lawsuit against appellant

is to recover damages arising from appellant

withholding possession of the alleged “jointly owned

property.”

Appellant is asking this Court to issue a temporary

order as provided for under Tex.R.App.P.24.4(c).

II.

An independent executor has authority, without an

order of the probate court, to do any act which any

ordinary executor or administrator may do under such an

order. Dallas Servs. for Visually Impaired Children,

Inc. v. Broadmoor II, 635 S.W.2d 572, 576 (Tex. App.

1982), writ refused NRE (Sept. 15, 1982)

2 The Order granting letters of administration

granted Charles E. Twymon, Jr. and Robin J. Twmon as

independent co-administrators of the estate of Charles

E. Twymon, Sr., and these two independent co-

administrators executed a Warranty Deed to the

appellant for the property located at 3112 Winnie,

Galveston, Texas 77550.

III.

Appellant, should be protected against any attack

on his title by the appellee based on her claim of

invalidity of the acts of the executors on which his

title is based. Id. at 577.

This Court should protect Appellant, as an innocent

purchaser, from any claim that the authority of Charles

E. Twymon, Jr. and Robin J. Twmon as independent co-

administrators to sell the property was not exercised

in accordance with their authority under the will or

under the law. Id.at 577.

For the reasons stated in this motion, the

Appellant ask the Court for a Temporary Order Staying

the Enforcement of the Judgment in the underlying

3 proceeding to maintain the status quo, to preserve the

Appellants rights, and preserve the Court’s

jurisdiction to consider the merits of the supersedes

motion and also the merits of the Appellant’s appeal.

Respectfully submitted,

__/S/_Douglas T. Godinich _ Douglas T. Godinich Texas Bar No 24007244 2727 Broadway Galveston, Texas 77550 Tel: (409) 763-2454 Fax: (409) 763-4309 Attorney for Appellant Tarris Woods

4 Certificate of Service

A copy of this notice is being filed with the

appellate clerk in accordance with rule 25.1(e) of the

Texas Rules of Civil Procedure. I certify that a true

copy of this Appellant’s Original Brief was served in

accordance with rule 9.5 of the Texas Rules of Appellate

Procedure on each party or the attorney for such party

indicated below by first class mail and or fax

transmittal and or by hand delivery.

_/s/ Douglas T. Godinich Douglas T. Godinich

By FAX TRANSMITTAL Thomas W. McQuage P.O. Box 16894 Galveston, Texas 77552 TEL: 409-762-1104 mcquage@swbell.net