Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C.

Court of Appeals of Texas

Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C.

DecidedJanuary 28, 2015

Docket06-14-00020-CV

StatusPublished

This text of Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C. (Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C., (Tex. Ct. App. 2015).

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Opinion

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Wendolyn Messner, as Dependent Appeal from the County Court at Law of Administrator, Appellant Rusk County, Texas (Tr. Ct. No. 02-043 A). Opinion delivered by Justice Moseley, No. 06-14-00020-CV v. Chief Justice Morriss and Justice Carter* participating. *Jack Carter, Justice, Retired, Mark L. Boon and Boon Shaver Echols Sitting by Assignment. Coleman & Goolsby, P.L.L.C., Appellees

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we affirm the trial court’s summary judgment in favor of appellees with respect to claims relating to damages allegedly suffered by Juanita Bengel. We reverse the trial court’s summary judgment dismissing the claims by Wendolyn Messner in her capacity as the personal representative of Delbert M. Messner’s estate against appellees and remand those claims to the trial court for further proceedings consistent with this opinion. We further order that the appellees, Mark L. Boon and Boon Shaver Echols Coleman & Goolsby, P.L.L.C., pay all costs of this appeal.

RENDERED JANUARY 28, 2014 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

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Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Wendolyn Messner, as Dependent Appeal from the County Court at Law of Administrator, Appellant Rusk County, Texas (Tr. Ct. No. 02-043 A). Opinion delivered by Justice Moseley, No. 06-14-00020-CV v. Chief Justice Morriss and Justice Carter* participating. *Jack Carter, Justice, Retired, Mark L. Boon and Boon Shaver Echols Sitting by Assignment. Coleman & Goolsby, P.L.L.C., Appellees

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we affirm the trial court’s summary judgment in favor of appellees with respect to claims relating to damages allegedly suffered by Juanita Bengel. We reverse the trial court’s summary judgment dismissing the claims by Wendolyn Messner in her capacity as the personal representative of Delbert M. Messner’s estate against appellees and remand those claims to the trial court for further proceedings consistent with this opinion. We further order that the appellees, Mark L. Boon and Boon Shaver Echols Coleman & Goolsby, P.L.L.C., pay all costs of this appeal.

RENDERED JANUARY 28, 2014 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

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Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/wendolyn-messner-as-dependent-administrator-v-mark-texapp-2015.