in the Matter of the Estate of Willie Sue Hammack ( 2015 )

ACCEPTED
12-15-00246-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/29/2015 2:24:05 PM
Pam Estes
CLERK
DOCKET NO. 12-15-00246-CV
________________________________________________________
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
IN THE
12/29/2015 2:24:05 PM
TWELFTH COURT of APPEALS
PAM ESTES
OF TEXAS Clerk
at Tyler
____________________________________________
In the Matter of the Estate of Willie Sue Hammack, Deceased
LARRY GENE MARSH, BILLIE MARIE BUCKLEY, DEBORAH SUE STUART,
AND
TERRY LYN MARSH,
Appellants,
v.
ESTATE OF WILLIE SUE HAMMACK BY MORRISON HAMMACK, JR.,
Appellee.
____________________________________________
Appeal in Cause No. PB1412226
From the County Court at Law, Nacogdoches County, Texas
The Honorable Jack Sinz, Judge
____________________________________________
BRIEF FOR APPELLEE ESTATE OF WILLIE SUE HAMMACK BY
MORRISON HAMMACK, JR.,
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I. Identity of Parties, Counsel and Trial Court
APPELLEE / APPLICANT
ESTATE OF WILLIE SUE HAMMACK BY MORRISON HAMMACK, JR.
COUNSEL FOR APPELLEE / TRIAL COUNSEL FOR APPLICANT
Christopher C. Hughes
1801 North St.
Nacogdoches, Texas 75963
Tex. Bar No. 24074452
Ph: (936)-569-2327Fax: (936)-569-7932
Email: chughes@chugheslaw.com
Russell R. Smith
1801 North St.
Nacogdoches, Texas 75963
Tex. Bar No. 24074452
Ph: (936)-569-2327Fax: (936)-569-7932
Email: rsmith@fairchildlawfirm.com
APPELLANTS / CONTESTANTS
LARRY GENE MARSH
BILLIE MARIE BUCKLEY
DEBORAH SUE STUART, AND
TERRY LYN MARSH
COUNSEL FOR APPELLANTS / CONTESTANTS
TRIAL COUNSEL:
Robert M. Minton
Texas Bar No. 14195000
Minton & Brown, PLLC
P.O. Box 1688
Henderson, Texas 75653
Ph: 903-657-3543
Fax: 903-657-3545
Email: mintonbrown@suddenlinkmail.com
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APPELLATE COUNSEL:
Robert M. Minton
Texas Bar No. 14195000
Minton & Brown, PLLC
P.O. Box 1688
Henderson, Texas 75653
Ph: 903-657-3543
Fax: 903-657-3545
Email: mintonbrown@suddenlinkmail.com
TRIAL COURT
The Honorable Jack Sinz
County Court at Law
Nacogdoches County, Texas
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II. Table of Contents
I. Identity of Parties and Counsel ...................................................................................... .2
II. Table of Contents ........................................................................................................... 4
III. Index of Authorities ...................................................................................................... 5
IV. Statement of the Case ................................................................................................... 1
V. Issues Presented ............................................................................................................. 7
VI. Statement of Facts ........................................................................................................ 9
VII. Summary of the Argument ......................................................................................... 10
VIII. Argument .................................................................................................................. 11
IX. Conclusion/Prayer ...................................................................................................... 21
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III. Index of Authorities
Cases
In re Estate of Allen, 407 S.W.3d 335, (Tex. App. Eastland 2013) ......................... 11,12,13
In re Estate of Perez, 324 S.W.3d 257, 262 (Tex. App.—El Paso 2010, no pet.)…….….11
In re Estate of Cornes, 175 S.W.3d 491, 495 (Tex. App.—Beaumont 2005, no
pet.)………………………………………………………………………………..11,17,19
Schindler v. Schindler, 119 S.W.3d 923, 929 (Tex. App.—Dallas 2003, pet. den'd)…11,19
Chovanec v. Chovanec, 881 S.W.2d 135, 137 (Tex. App.—Houston [1st Dist.] 1994, no
writ………………………………………………………………………………...11,12,14
Kamoos v. Woodward, 570 S.W.2d 6, 8-9 (Tex. Civ. App.—San Antonio 1978, writ ref'd
n.r.e.)…………………………………………………………………………...12,13,14,18
Estate of Everett H. Rothrock Deceased, 312 S.W.3d 271 (2010)…………………...17,18
In Re Estate of Campbell, 343 S.W.3d 899 (Tex. App. Amarillo, 2011) ........................... 18
Brown v. Byrd, 512 S.W.2d 753 (Tex. Civ. App. Tyler, 1974)………………………..18,19
Orr v. Walker, 438 S.W.3d 766 (Tex. App. Houston-1st Dist., 2014). ............................... 19
In Re Estate of Williams, 111 S.W.3d 259 (Tex. App. Texarkana, 2003)………………..20
Statutes
Texas Estate Code 256.003 ................................................................................................ 11
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IV. Statement of the Case
This is an Appeal from the Order Admitting Will to Probate as Muniment of Title. Entered
by the County Court at Law of Nacogdoches County, Texas, of a Will filed more than four
years after the death of the Testatrix. The evidence at the Trial Court was factually and
legally sufficient to support the Judgment of the Court, finding that Applicant, Morrison
Hammack, Jr. was not in default for failing to present the will for probate within four years
of the date of death of Testatrix.
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V. Issues Presented for Review
Appellant presented the following issues for review:
1. The evidence supporting the Trial Court’s finding that the Applicant was not in
default for failing to present the will for probate within four years of the date of
death of Decedent was factually insufficient, (CR-56, CR 74-75).
2. The Trial Court’s finding that the Applicant was not in default for failing to present
the will for probate within four years of the date of Decedent’s death was so
against the great weight and preponderance of the evidence as to be manifestly
unjust, (CR-56, CR 74-75).
3. The evidence supporting the Trial Court’s finding that the Applicant was not in
default for failing to present the will for probate within four years of the date of
death of Decedent was legally insufficient, (CR-56, CR 74-75).
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DOCKET NO. 12-15-00246-CV
________________________________________________________
IN THE
TWELFTH COURT of APPEALS
OF TEXAS
at Tyler
____________________________________________
In the Matter of the Estate of Willie Sue Hammack, Deceased
LARRY GENE MARSH, BILLIE MARIE BUCKLEY, DEBORAH SUE STUART,
AND
TERRY LYN MARSH,
Appellants,
v.
ESTATE OF WILLIE SUE HAMMACK BY MORRISON HAMMACK, JR.,
Appellee.
____________________________________________
Appeal in Cause No. PB1412226
From the County Court at Law, Nacogdoches County, Texas
The Honorable Jack Sinz, Judge
____________________________________________
BRIEF FOR APPELLEE ESTATE OF WILLIE SUE HAMMACK BY
MORRISON HAMMACK, JR.,
TO THE HONORABLE COURT OF APPEALS:
The Trial Court’s Order Admitting Will to Probate as Muniment of Title entered on June
25, 2015 should be affirmed.
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Statement of Facts
1. This is an Appeal from an Order Admitting Will to Probate as Muniment of Title. (CR-56).
Willie Sue Hammack passed away on July 2, 2006 in Nacogdoches County. Morrison Hammack,
Jr. was the husband of Willie Sue Hammack at the time of her death. Willie Sue Hammack left a
valid will dated April 2, 1986, which was never revoked. (CR-17). Morrison Hammack, Jr. was
named as Independent Executor in the will. Generally, the will provided for the transfer of Willie
Sue Hammack’s separate property to her children from a prior marriage. Additionally, the will
provided for the residue of Willie Sue Hammack’s estate to pass to Morrison Hammack, Jr. Mor-
rison Hammack, Jr. was unaware of the necessity to probate the will nor did he know there was a
statute of limitations. Morrison Hammack, Jr. became aware of the necessity to probate the will
in May 2014, when attempting to sell his house. He subsequently retained counsel and then filed
an Application for Probate of Will as Muniment of Title with the County Court at Law in Nacog-
doches County, Texas on July 17, 2014, in order to remedy the title issues. (CR-8). Contestants
Larry Gene Marsh, Billie Marie Buckley, Deborah Sue Stuart, and Terry Lyn Marsh filed their
Contest to Probate of Last Will and Testament of Willie Sue Hammack, and Codicils (if any) on
July 31, 2014, on grounds that the will could not be probated due to the passing of the statute of
limitations. (CR-26). Contestants filed their contest despite the concession that it was Willie Sue
Hammack’s wishes for the residue of the estate to pass to Morrison Hammack, Jr. (RR-49-50). As
such, this case is motivated by Appellants attempts to subvert the intentions of Willie Sue Ham-
mack and prevent Morrison Hammack Jr. from inheriting by and through the will.
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Summary of the Argument
The Trial Court correctly determined and the evidence legally and factually supports that
Morrison Hammack, Jr. was not in default for failing to probate the will of Willie Sue
Hammack within four years of her death. The Trial Court correctly determined and the
evidence shows that there was good cause to explain the failure of Morrison Hammack,
Jr. to present the will for probate within four years from the date of Willie Sue
Hammack’s death.
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Argument
Appellee hereby responds to the issues presented for review by Appellant. Appellee’s reply
points can all be covered at one time and in one argument to avoid duplication of same.
Appellee’s reply points to the issues presented for review by Appellant are as follows:
A. The evidence supporting the Trial Court’s finding that Applicant was not in
default was legally and factually sufficient. The Trial Court’s finding that
Applicant was not in default for failing to present the will for probate within 4
years of the date of Decedent’s death was not against the great weight and
preponderance of the evidence. The arguments supporting same are as follows:
1. The Texas Estates Code provides for the following as it relates to the probate of
a will: “A will may not be admitted to probate after the fourth anniversary of the
testator's death unless it is shown by proof that the applicant for the probate
of the will was not in default in failing to present the will for probate on or
before the fourth anniversary of the testator's death.” Tex. Est. Code 256.003(a)
(emphasis added). A long line of Texas case law has determined that “"default"
means the "failure to probate a will because of the absence of reasonable
diligence on the part of the party offering the instrument."” See In re Estate of
Allen, 407 S.W.3d 335, (Tex. App. Eastland 2013); In re Estate of Perez, 324
S.W.3d 257, 262 (Tex. App.—El Paso 2010, no pet.); In re Estate of Cornes, 175
S.W.3d 491, 495 (Tex. App.—Beaumont 2005, no pet.); Schindler v. Schindler,
119 S.W.3d 923, 929 (Tex. App.—Dallas 2003, pet. den'd); Chovanec v.
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Chovanec, 881 S.W.2d 135, 137 (Tex. App.—Houston [1st Dist.] 1994, no writ);
Kamoos v. Woodward, 570 S.W.2d 6, 8-9 (Tex. Civ. App.—San Antonio 1978,
writ ref'd n.r.e.).
2. Similarly, “The case law in Texas is quite liberal in permitting a will to be offered
as a muniment of title after the statute of limitations has expired upon the
showing of an excuse by the proponent for the failure to offer the will earlier.”
In re Estate of Allen, 407 S.W.3d 335; Chovanec, 881 S.W.2d at 137; Kamoos,
570 S.W.2d at 8. Furthermore, “[t]he tendency of our courts has been from its
earliest decisions to permit wills to be filed after the four-year period, where
there is any evidence of a probative force which would excuse the failure to offer
the will sooner.” In re Estate of Allen, at 335.
3. “The court in Chovanec, reversing a summary judgment, held that the evidence
raised a genuine issue of material fact as to whether the decedent's husband was
in default for failing to timely offer her will for probate within four years of her
death; he offered the will for probate thirteen years after her death. The court
reasoned that the summary judgment evidence showed that the husband was not
aware that it was necessary to probate the will, that he did not believe probate
was necessary because he inherited everything from his wife, that he believed
the land was his separate property, and that he was unaware of any title problems
during a period when three successive mineral leases had been executed on the
land” In re Estate of Allen, 407 S.W.3d 335; Chovanec, 881 S.W.2d 135.
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4. “Kamoos stands for the proposition that a proponent's belief that probate was
unnecessary, coupled with a concern over the cost of probate, can constitute
legally and factually sufficient evidence to support admitting a will to probate
after four years” In re Estate of Allen, 407 S.W.3d 335; Kamoos, 570 S.W.2d at
8-9.
5. “Similar to the facts in Kamoos, the court in Perez found that the wife's limited
financial resources and belief that probate was unnecessary were legally
sufficient to uphold the trial court's conclusion that the wife was not in default
for failing to present the will for probate within four years after her husband's
death. She testified that she did not know that there was a time limit in which to
probate a will and that she thought her husband's lawyer had taken care of the
matter regarding the will.” In re Estate of Allen, 407 S.W.3d 335; Perez, 324
S.W.3d at 263.
6. In this case, Morrison Hammack, Jr. was not in default according to the case law
outlined above. According to Morrison Hammack, Jr.’s deposition testimony,
he (1) did not know he was supposed to do anything with his wife’s will (RR-11
through 12); (2) did not know what probate means (RR-17); (3) did not know
there was a time limit to file the will (RR-12); (4) thought everything had been
done as far as the will goes (RR-12); (5) did not have the money to file the will
even if he had known to do so (RR-12); (6) only filed the will because he needed
to clear up title issues to sell his house (RR-12); and (7) he hired an attorney to
13
file the will almost immediately after he learned the will must be filed (RR-12
through 13).
7. As such, the evidence supporting the Trial Court’s finding that Applicant was
not in default was legally and factually sufficient. Additionally, the Trial Court’s
finding that Applicant was not in default for failing to present the will for probate
within 4 years of the date of Decedent’s death was not against the great weight
and preponderance of the evidence.
B. Rebuttal of Appellant’s argument and suggestions as to ability of Morrison
Hammack, Jr.’s financial ability.
1. At trial and here, Appellants have focused almost wholly on disproving
Appellee’s contention that he lacked the financial resources to proceed with
probating the will even if he had been aware that probate was necessary.
However, Appellee points out that the financial consideration is only a piece of
the reasoning behind the holding in Kamoos. Kamoos, 570 S.W.2d at 8-9. In a
very similar factual scenario, the Court in Chovanec said a fact issue existed
because the proponent was “not aware that it was necessary to probate the will,
but also that he did not believe probate was necessary because he inherited
everything from his wife and he believed the land was his separate property.
[Proponent] also was unaware of any title problems during a period when three
successive mineral leases had been executed on the land. When [proponent]
realized there may be title problems, he immediately offered the will for probate.”
Chovanec, 881 S.W.2d at 137. The same scenario existed here. There was a fact
14
issue as to whether Appellee was in default and the Trial Court properly
determined based upon the evidence that Appellee was not in default.
Appellant’s attempts to show that Appellee had the financial capability to
proceed with probate are 1) lacking based on the evidence, and 2) not persuasive
even if found to be true based upon the relevant case law. However, in an effort
to thoroughly address all of Appellant’s points, rebuttal arguments are outlined
below.
2. Appellants make reference in their brief to Appellee’s testimony regarding
“money in account in the bank” (Appellant’s Brief page 7). In particular, Mr.
Minton’s question to Appellee was “Did you-all have any money in the bank or
any accounts in the bank at the time of her death?” (RR-20). Mr. Minton failed
to specify whether his question was inquiring as to 1) money in the bank or 2)
accounts in the bank. (RR-20). Nevertheless, the record does not reflect any
evidence or testimony concerning 1) the amount in the bank account (although
Appellee was asked (RR-20-21)); or 2) the type of account. For example, if the
account was a payable on death account and payable to John Doe upon the death
of Willie Sue Hammack, Mr. Hammack would not have had the benefit of the
funds in said account to use for the probate of the will. Hypothetically, if the
account had a balance of $5.00 upon the death of Willie Sue Hammack, Mr.
Hammack again would not have been in possession of financial resources
necessary to proceed with the probate of the will.
15
3. Next, Appellants make reference Appellee’s testimony concerning his
community property interest in the home he occupied with his late wife.
Appellants argument that Appellee had sufficient funds to pay for the probate
process seems disingenuous to the extent Appellants insinuate that Appellee
should have sold the home he occupied to liquidate his one-half community
property interest in order to probate the will in which his wife devised her one-
half community property interest in the home to Appellee. In short, these are not
funds that Appellee should have been expected to liquidate to probate a will that
he did not know needed to be probated.
4. Thirdly, Appellees refer to testimony concerning the value of the estate
(Appellant’s Brief page 7). As discussed above, estate assets are not funds that
Appellee should have been expected to liquidate to probate a will that he did not
know needed to be probated. Because there were no issues surrounding the
distribution of separate property remaining, Mr. Hammack only became aware
of the necessity for probate when trying to sell the only substantial asset
remaining in the estate, the home. According to the will, this property was to
pass to Mr. Hammack. (CR-19).
5. Lastly, Appellants generally refer to testimony from Mr. Marsh concerning
accounts of Mr. and Mrs. Hammack (Appellant’s Brief page 8). Appellants make
reference to testimony from Mr. Marsh concerning the balance of accounts of
Mr. and Mrs. Hammack’s approximately two years and two strokes prior to Mrs.
Hammack’s death. Of course, the record reflects no evidence of the balances on
16
the accounts upon the death of Mrs. Hammack. Similarly, the record reflects no
evidence concerning the amounts that were necessary to be expended from the
accounts to pay for medical care of Mrs. Hammack. Lastly, the record reflects
no evidence concerning the types of the accounts and/or their disposition upon
the death of Mr. and Mrs. Hammack. Again, Appellant’s arguments as to the
financial ability of Appellee are lacking and futile.
C. Appellants’ case law references are not on point. A detailed analysis of each main
case referenced by Appellants to support their position is outlined below with a
brief explanation as to why each case is not applicable and/or not persuasive.
1. Estate of Everett H. Rothrock Deceased, 312 S.W.3d 271 (2010). There are
numerous issues that are immediately clear when reviewing this case. In
Rothrock, the children of the deceased chose and agreed not to probate the will
within the four-year time period. Id. At 273. Rather, the proponent requested
and received two cameras from the deceased’s estate. Id. Proponent testified that
he performed an investigation into decedent’s property holdings. See generally,
Id. He also testified that he was a very successful lawyer in Washington D.C. Id.
One would think this would provide him with both the knowledge of the
necessity to probate and the finances with which to do so. Upon analysis, the
Court stated “[a] family agreement is not sufficient to excuse Jerry's
noncompliance with the four-year limitation. See In re Estate of Cornes, 175
S.W.3d at 496. In other words, Jerry cannot rely on the agreement with his five
siblings as an excuse for noncompliance with the statutory period and for making
17
what was, in hindsight, the wrong decision.” Id at 275. The main difference
between Rothrock and this case is that there was a conscious decision by the
parties in Rothrock to not probate the will. Here, Appellee did not know probate
was necessary and did not make a conscious decision to not probate the will. In
fact, upon his learning that probate was necessary, he immediately commenced
the process. In short, Rothrock is not analogous to this case.
2. In Re Estate of Campbell, 343 S.W.3d 899 (Tex. App. Amarillo, 2011).
Appellants point out that Campbell cites language indicating that a person is
charged with knowledge that a will must be filed for probate within four years.
However, Appellants omitted the Court in Campbell’s next sentence which states
“[b]ut see Kamoos v. Woodward, 570 S.W.2d 6, 8-9 (Tex.App.--San Antonio
1978, writ ref'd n.r.e.) (holding that proponent of will was not in default for
failing to present the will for probate within four years of the testator's death
where due to the nature of the property of which she was aware and her limited
resources, she didn't think it necessary to probate the will). In Re Estate of
Campbell, 343 S.W.3d 899, 903 (Tex. App. Amarillo, 2011). As such, Campbell
is not persuasive in the case at hand.
3. Brown v. Byrd, 512 S.W.2d 753 (Tex. Civ. App. Tyler, 1974). In this 1974 case,
the proponent offered the will for probate 27 years after the death of the decedent.
Additionally, the holding in the Byrd case seemed to be reasoned around
circumstances surrounding a family agreement during the years after the
decedent’s death. Moreover, the proponent in Byrd said it would have been hard
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to travel from California to Texas to probate the will. Id at 755. Although it is an
excuse, it does not appear to be a reasonable excuse. In the case at hand,
Appellee’s reasoning for not having probated the will within four years run
deeper than inconveniences of travel. As such, the facts of the Byrd case do not
match with the facts of the case at hand. Moreover, the Byrd case is another
example (as in Rothrock) of the failure to probate the will contingent upon a
peripheral family agreement. Conversely, in the case at hand, Appellee had no
discussions or knowledge surrounding the probate of the will until immediately
before the filing in the trial court. Byrd is not persuasive.
4. In Re Estate of Ruby Fowler Cornes, 175 S.W.3d 491 (Tex. App. Beaumont,
2005). The Cornes case is off target as it relates to Appellants’ argument. In
Cornes, the proponent’s only excuse for not offering the will for probate within
the four years was “out of respect” for the relatives. Id at 495. First, in this case,
there is a multitude of evidence supporting the Trial Court’s ruling that Appellee
was not in default for failing to probate the will within four years. Secondly, the
testimony in Cornes again represents a conscious decision to not probate the will.
Such a decision was not a factor in the case at hand. Cornes is not persuasive.
5. Orr v. Walker, 438 S.W.3d 766 (Tex. App. Houston-1st Dist., 2014). The Walker
case is not on point merely for the fact that upon a reading of the case it is clear
that the proponents did not offer an excuse for the failure to file the within the
requisite four-year time period. Therefore, the Court held that the applicants
were in default. The fact scenario is completely different in the case at hand
19
because Appellee proffered evidence supporting an excuse for not filing the will
within the four-year time period. The Walker case does not stand for any
proposition in contradiction to Appellee’s argument.
6. Schindler v. Schindler, 119 S.W.3d (Tex. App. Dallas, 2003). Again, Appellants’
reference to the Schindler case is off target and is not analogous to the case at
hand. Some of the parties in Schindler were devisees of persons who were found
to be in default. The parties that were found to be in default were labelled such
because there was no evidence of an excuse. Similarly, other parties were found
to be in default because they presented no evidence tending to support not being
in default. Id at 930. Wholly, the Schindler case is not persuasive and/or
analogous to the case at hand.
7. In Re Estate of Williams, 111 S.W.3d 259 (Tex. App. Texarkana, 2003). The
Williams case is yet another example of the proponent not offering an excuse or
evidence of not being in default for failure to offer the will within four years of
the death of the decedent. Again, the Williams case is not relevant to the case at
hand because, as cited above, the evidence in this case is clear that Appellee had
multiple reasonable excuses for not offering the will to probate within 4 years of
the death of Mrs. Hammack and therefore the Trial Court properly found that he
was not in default.
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X. CONCLUSION
From the evidence presented at trial, the Trial Court properly found the following:
1) Appellee was not in default for failing to probate the will within four years from the date
of Willie Sue Hammack’ s death, 2) there was good cause to explain the failure of Appellee
to present the will for probate within four years after the death of Willie Sue Hammack. As
such, the Trial Court properly admitted the will as a muniment of title. The evidence
supporting the Trial Court’s finding that Applicant was not in default was legally and
factually sufficient. The Trial Court’s finding that Applicant was not in default for failing
to present the will for probate within four years of the date of Willie Sue Hammack’s death
was not against the great weight and preponderance of the evidence.
XI. PRAYER
WHEREFORE PREMISES CONSIDERED, Appellee prays that this Court uphold
and affirm the Trial Court’s Order Admitting Will to Probate as Muniment of Title and also
prays for all other and further relief which may, under the circumstances shown, be required.
Respectfully Submitted,
FAIRCHILD, PRICE, HALEY & SMITH, LLP
By: /s/ Christopher C. Hughes
Christopher C. Hughes
State Bar No. 24074452
Russell R. Smith
State Bar No. 18682310
1801 North St.
Nacogdoches, Texas 75935-1719
(936) 564-8785 phone
21
(936) 559-5000 fax
chughes@chugheslaw.com
CERTIFICATE OF SERVICE
In compliance with Rule 21a, Texas Rules of Civil Procedure, I hereby certify that a
true and correct copy of the above and foregoing instrument was served upon all attorneys
of record on this the 29th day of December, 2015 by one and/or more of the following
methods: (1) depositing said instrument in a post office or official depository under the care
and custody of the United States Postal Service, postage prepaid, certified mail, return receipt
requested, or first class mail; (2) telephonic transfer to recipient's current telecopier num-
ber, or (3) hand delivered.
/s/ Christopher C. Hughes
Christopher C. Hughes
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CERTIFICATE OF COMPLIANCE
The undersigned certifies that the Appellee’s Brief, except for the caption, identity
of parties and counsel, statement regarding oral argument, table of contents, index of
authorities, statement of the case, statement of issues presented, statement of jurisdiction,
statement of procedural history, signature, proof of service, certification, certification of
compliance, and appendix, as set out in Tex. R. App. P. 9.4(i)(1), hereby contains the total
of 3,297 words.
Respectfully Submitted,
FAIRCHILD, PRICE, HALEY & SMITH, LLP
By: /s/ Christopher C. Hughes
Christopher C. Hughes
State Bar No. 24074452
1801 North St.
Nacogdoches, Texas 75935-1719
(936) 564-8785 phone
(936) 559-5000 fax
chughes@chugheslaw.com
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