in the Guardianship of Ruby Peterson ( 2015 )

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 10:45:14 AM
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.
2
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
3
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)
1
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
2
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
3
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
4
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
5
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
6
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
7
7/15/2015 Appeal Bill Of Cost 3 - 2168
7/16/2015 Docket Sheet 3 - 2170
7/15/2015 Clerks Seal 3 - 2179
Comments:
8
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
1
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;
2
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.
3
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
4
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
5