miguel-angel-gonzalez-guilbot-carlos-alberto-gonzalez-guilbot-maria-rosa ( 2012 )

Judgment in Cause No. 14-07-00047-CV Affirmed, Appeal in Cause No. 14-10- 01149-CV Dismissed, Opinion of December 9, 2010 in Cause No. 14-07-00047-CV Withdrawn, Opinion on Remand filed March 29, 2012, and Concurring Opinion on Remand filed June 21, 2012. In The Fourteenth Court of Appeals NO. 14-07-00047-CV NO. 14-10-01149-CV MIGUEL ANGEL GONZALEZ GUILBOT, CARLOS A. GONZALEZ GUILBOT, AND MARIA ROSA DEL ARENAL DE GONZALEZ, Appellants V. MARIA DEL CARMEN GUILBOT SERROS DE GONZALEZ, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF MIGUEL ANGEL LUIS GONZALEZ Y VALLEJO, LUIS AMADEO GONZALEZ GUILBOT, JOSE GUILLERMO GONZALEZ GUILBOT, CARMEN ISABEL GONZALEZ GUILBOT DE URIARTE, GERARDO GONZALEZ GUILBOT, JAVIER GONZALEZ GUILBOT, MADEIRA INTERNATIONAL LTD., FRANCEVILLE INTERNATIONAL LTD., ARKHANGEL INTERNATIONAL LTD., L&T AMERICAN CORPORATION, TG INTERAMERICA CORPORATION, Appellees On Appeal from the Probate Court Number Two Harris County, Texas Trial Court Cause No. 344,157-401 CONCURRING OPINION ON REMAND I regret that the Supreme Court issued a mandate which usurps this court’s jurisdiction to rule on the merits, and leaves appellants in a state of legal purgatory. However, I agree with my colleague’s conclusion that under the present mandate this court has a ministerial duty to affirm the trial court’s judgment. On this record, the parties do not dispute the fact that appellants’ issues on appeal should be considered on the merits. Therefore, I do not join in any dispositional language that would impair or prejudice appellants’ statutory and substantive right to comprehensive analysis and disposition of each issue on the merits. Accordingly, I respectfully request that the Supreme Court clarify its mandate and allow or instruct this court to address appellants’ issues as prescribed in Rule 47.1, Texas Rules of Appellate Procedure. /s/ Charles W. Seymore Justice Panel consist of Justices Frost, Seymore, and Jamison. (Jamison, J., not participating). (Frost, J., Opinion on Remand). 2