Case Information

*1 No. 01-15-00567-CV

| IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS SITTING AT HOUSTON | FILED IN
1st COURT OF APPEALS HOUSTON, TEXAS | | :--: | :--: | | DON PETERSON, MACKEY PETERSON, TONYA PETERSON, TON YEY
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 ${129}^{\text{th}}$ Judicial District Court, Harris County, Texas, Cause No. 2014-40980

APPELLANTS' APPENDIX

| ORAL ARGUMENT REQUESTED | Respectfully submitted, | | :--: | :--: | | | Philip M. Ross | | | 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 |

*2

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.

*3

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

*4

TAB 1

DOCKET INFORMATION

*5

CLERK'S RECORD

Volume 1 of 3 Trial Court Cause No. 427208-401 In the County Probate Court Number One (1)1st COURT OF APPEALS of Harris County, Texas

HOUSTON, TEXAS Honorable LOYD H. WRIGHT, Judge Presiding HRISTOPHER 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)

*6 | 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 PROBATE COURT ORDER
SIGNED 8/19/14 | $1-15$ | | 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 APPLICATION FOR TEMPORARY RESTRAINING ORDER ORDER NOT ENTERED | $1-132$ | | 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 O &; O | $1-188$ | | 9/19/2014 | Exhibit -The Right To Refuse Antipsychotic Drugs: Safeguarding The Mentally Incompetent Patient's Right To Procedural Due Process | $1-193$ | | 9/19/2014 | Exhibit - Aarp Wins Class Action Against Over-Drugging Of Seniors | $1-230$ |

*7 | 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 Retardation | $1-249$ | | 9/19/2014 | Exhibit - The Right To Refuse Antipsychotic Drugs: Safeguarding The Mentally Incompetent Patient's Right To Procedural Process | $1-275$ | | 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 APPLICATION FOR EMERGENCY TEMPORARY RESTRAINING ORDER | $1-352$ | | 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. CHRISTOPHER MERKL | $1-378$ | | 9/19/2014 | EXHIBIT C- LETTER FROM: SARAH PATEL PACHECO, CRAIN CATON &; JAMES, PC | $1-383$ | | 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 CATON &; JAMES, PC | $1-400$ | | 9/19/2014 | EXHIBIT H- ORIGINAL PETITION FOR APPOINTMENT OF 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 | $1-405$ | | 9/19/2014 | EXHIBIT I- COURT INVESTIGATOR REPORT PURSUANT TO §648A &; §683 OF THE TEXAS PROBATE CODE | $1-432$ | | 9/19/2014 | EXHIBIT J- LETTER FROM: SARAH PATEL PACHECO, CRAIN CATON &; JAMES, PC | $1-436$ | | 9/19/2014 | EXHIBIT K- REPORT OF GUARDIAN AD LITEM | $1-442$ | | 9/19/2014 | EXHIBIT L- LETTER FROM: MACK PETERSON | $1-471$ |

*8 | 9/19/2014 | SWORN EMERGENCY APPLICATION FOR EMERGENCY
TEMPORARY RESTRAINING ORDER &; TEMPORARY INJUNCTION | $1-475$ | | :--: | :--: | :--: | | 9/19/2014 | Subpoena Returned -Subpoena Duces Tecum To Attorney, Michael Hirsch | $1-525$ | | 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 SUGARLAND, TEXAS | $1-681$ | | 9/19/2014 | PLAINTIFFS' SECOND AMENDED PETITION AND JURY DEMAND | $1-684$ | | 9/19/2014 | CIVIL PROCESS REQUEST TO: SILVERADO SENIOR LIVING OF SUGARLAND, TEXAS | $1-769$ | | 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 SUGARLAND, TEXAS | $1-948$ | | 9/19/2014 | SWORN EMERGENCY APPLICATION FOR EMERGENCY
TEMPORARY RESTRAINING ORDER &; TEMPORARY INJUNCTION | $1-951$ | | 9/19/2014 | ORDER GRANTING PLAINTIFFS' AMENDED EMERGENCY APPLICATION FOR TEMPORARY RESTRAINING ORDER ORDER NOT ENTERED | $1-1002$ | | 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 SUGARLAND, TEXAS | $2-1043$ | | 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 DISTRICT CLERK | $2-1050$ |

*9 | 9/19/2014 | MOTION TO TRANSFER FROM DISTRICT COURT TO PROBATE COURT PURSUANT TO PROBATE COURT ORDER | $2-1052$ | | :--: | :--: | :--: | | 9/19/2014 | ORDER OF TRANSFER TO PROBATE COURT PURSUANT TO PROBATE COURT ORDER ORDER NOT ENTERED | $2-1056$ | | 9/19/2014 | MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS FOR DISCOVERY ABUSE | $2-1059$ | | 9/19/2014 | Letter From: Candice Schwager, Re: Cease And Desist Letter From Silverado Senior Living | $2-1074$ | | 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 Senior Living | $2-1084$ | | 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, Pc | $2-1154$ | | 9/23/2014 | RESPONSE TO MOTION FOR PROTECTION AND, ALTERNATIVELY, MOTION TO COMPEL | $2-1157$ | | 9/24/2014 | DEFENDANT RESPONSE TO PLAINTIFFS MOTION FOR PROTECTION AND ALTERNANTIVELY MOTION TO COMPEL | $2-1220$ | | 9/24/2014 | MOTION FOR CONTINUANCE OF HEARING DATE FOR MOTION IN LIMINE AND FOR DISQUILIFICATION OF DAVID PETERSON AND CAROL ANNE NABKET | $2-1227$ | | 9/24/2014 | NOTICE OF SUBMISSION | $2-1235$ | | 9/24/2014 | REPLY TO SILVERADO'S REPONSE TO PLAINTIFFS MOTION FOR PROTECTION, AND ALTERNATIVELY, MOTION TO COMPEL | $2-1238$ | | 10/8/2014 | PLAINTIFFS' AMENDED MOTION IN LIMINE AND FOR DISQUALIFICATION OF CAROL ANN MANLEY AND DAVID TROY PETERSON | $2-1245$ | | 10/8/2014 | PLAINTIFFS' SUPPLEMENTAL RESPONSE TO CONSPIRACY OF MOTIONS FOR SANCTIONS AND/OR CONTEMPT | $2-1293$ | | 10/8/2014 | DEFENDANTS' JOINDER IN MOTION PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 215 AND SUPPLEMENTAL MOTION FOR SANCTIONS | $2-1305$ | | 10/8/2014 | OBJECTION TO LATE FILED HEARING NOTICE REGARDING RULE 215 SANCTIONS | $2-1356$ |

*10 | 10/9/2014 | GUARDIAN AD LITEM &; ATTORNEY AD LITEM'S SUPPLEMENTAL REPLY TO PLAINTIFFS' RESPONSE TO MOTIN FOR SANCTIONS AND TO SHOW CAUSE | $2-1359$ | | :--: | :--: | :--: | | 10/13/2014 | DEFENDANT'S RESPONSE TO PLAINTIFFS' IMPLIED MOTION TO COMPEL | $2-1370$ | | 10/14/2014 | AFFIDAVIT OF DUE DILLIGENCE | $2-1375$ | | 10/21/2014 | ORDER ON DAVID PETERSON AND CAROL ANNE MANLEY'S MOTION FOR GAG ORDER, SIGNED OCTOBER 16, 2014 | $2-1376$ | | 10/21/2014 | SUPPLEMENTAL RESPONSE TO SANCTIONS MOTIONS | $2-1377$ | | 10/21/2014 | ORDER DENYING SANCTIONS AGAINST PLAINTIFFS AND/OR CANDICE SCHWAGER | $2-1384$ | | 11/11/2014 | ORDER ON DAVID PETERSON AND CAROL ANNE MANLEY'S MOTION FOR SANCTIONS, SIGNED 11-10-2014 | $2-1385$ | | 11/11/2014 | ORDER GRANTING AUTHORITY FOR GUARDIAN AD LITEM AND ATTORNEY AD LITEM TO EXECUTE PETERSON RULE 11 AGREEMENT; SIGNED 11/7/14 | $2-1386$ | | 11/17/2014 | MOTION TO RECONSIDER RULINGS WITH AFFIDAVIT OF INABILITY TO PAY &; COUNTER MOTION FOR SANCTIONS AND/OR APPLICATION OF CLEAN HANDS DOCTRINE | $2-1391$ | | 11/19/2014 | REPLY TO SILVERADO'S RESPONSE TO PLAINTIFFS' MOTION FOR PROTECTION, AND ALTERNATIVELY, MOTION TO COMPEL | $2-1417$ | | 11/19/2014 | ORDER DENYING MOTION FOR PROTECTION AND, ALTERNATIVELY, MOTION TO COMPEL, SIGNED SEPTEMBER 25, 2014 | $2-1424$ | | 11/19/2014 | MOTION FOR LIMINE AND FOR DISQUALIFICATION OF DAVID PETERSON AND CAROL ANNE MANLEY, SIGNED OCTOBER 16, 2014 | $2-1426$ | | 12/5/2014 | BRIEF IN SUPPORT OF MOTION TO RECONSIDER AND RESCIND RULE 91A DISMISSAL OF SILVERADO AND SANCTIONS ORDERS | $2-1434$ | | 12/5/2014 | BRIEF IN SUPPORT OF MOTION TO RECONSIDER AND RESCIND RULE 91A DISMISSAL OF SILVERADO AND SANCTIONS ORDERS | $2-1448$ | | 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 PURSUANT TO RULE 91A ORDER ENTERED ON 11/10/2014 | $2-1464$ | | 12/16/2014 | OBJECTION TO RULE 91A DISMISSAL OF CLAIMS AGAINST SILVERADO FEE APPLICATION AD MOTION FOR SANCTIONS | $2-1481$ | | 1/22/2015 | PLANTIFFS SOLE REMAINING CLAIM: BREACH OF TRUST AND/OR BREACH OF FIDUCIARY DUTY; THIS INSTRUMENT RETURNED UNSIGNED BY JUDGES OFFICE | $2-1496$ | | 1/22/2015 | ORDER GRANTING SILVERADO'S FIRST AMENDED PLEA TO THE JURISDICTION; SIGNED 1/9/15 | $2-1509$ | | 1/22/2015 | ORDER GRANTING APPLICATION FOR ATTORNEY FEES PURSUANT TO RULE 91A ORDER ENTERD ON NOVEMBER 10, 2014 | $2-1514$ | | 1/22/2015 | ORDER DENYING MOTION TO RECONSIDER 91A MOTION TO DISMISS AND MOTION FOR SANCTIONS; SIGNED 1/9/15 | $2-1516$ | | 1/22/2015 | PLAINTIFFS BREACH OF TRUST AND/OR BREACH OF FIDUCIARY DUTY; DISMISSED WITH PREJUDICE SIGNED 1/9/15 | $2-1525$ | | $1/22/2015$ | FIFTH AMENDED PETITION | $2-1537$ | | 1/23/2015 | FIRST AMENDED APPLICATION FOR PAYMENT OF APPOINTEE'S FEES AND EXPENSES PURSUANT TO TEXAS ESTATES CODE SECTION 1054.055 FOR THE TIME PERIOD MARCH 272014 THROUGH OCTOBER 31, 2014 | $2-1556$ | | 1/23/2015 | APPLICATION FOR PAYMENT OF APPOINTEE'S FEES AND EXPENSES PURSUANT TO TEXAS ESTATE CODE SECTION 1054.055 FOR THE TIME PERIOD FEBRUARY 26, 2014 THROUGH NOVEMBER 7, 2014, SIGNED 01-19-2015 | $2-1588$ |

*11 | 2/6/2015 | PLAINTIFFS &; SCHWAGER MOTION TO MODIFY ORDERS CONCERNING RULE 91A DISMISSAL PLEA TO THE JURISDICTION AND SANCTIONS | $3-1617$ | | :--: | :--: | :--: | | 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 LACK OF CONSIDERATION FRAUD AND EMOTIONAL FINANCIAL DURESS | $3-2058$ | | 3/23/2015 | AMENDED MOTION TO SET ASIDE RULE 11 AGREEMENT FOR ILLEFALITY LACK OF CONSIDERATION FRAUD AND EMOTIONAL FINANCIAL DURESS | $3-2078$ | | 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, JUDGMENT ON UNOPPOSED MOTION TO DISMISS APPEAL JUDGMENT RENDERED APRIL 7, 2015 | $3-2112$ | | 5/13/2015 | RESPONSE IN OPPOSITION TO GUARDIAN AD LITEM AND 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 | $3-2113$ | | 5/13/2015 | RESPONSE IN OPPOSITION TO GUARDIAN AD LITEM AND 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 | $3-2119$ | | 5/13/2015 | SILVERADO'S MOTION TO MODIFY ORDER GRANTING FIRST 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 | $3-2128$ | | 5/13/2015 | SILVERDO'S MOTION FOR SUMMARY JUDGMENT, SIGNED 05-122015 | $3-2136$ | | 5/18/2015 | NOTICE LETTER-306-SUMMARY JUDGMENT | $3-2146$ | | 6/12/2015 | MANDATE FROM THE FIRST COURT OF APPEALS, NO. 01-15-00158-CV, JUDGMENT RENDERED APRIL 7, 2015 | $3-2148$ | | 6/12/2015 | BILL OF COST FROM THE FIRST COURT OF APPEALS NO. 01-15-00158-CV | $3-2150$ | | 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 | $3-2167$ |

*12 | $7/15/2015$ | Appeal Bill Of Cost | $3-2168$ | | :-- | :-- | :-- | | $7/16/2015$ | Docket Sheet | $3-2170$ | | $7/15/2015$ | Clerks Seal | $3-2179$ |

Comments:

*13

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

*14

ORDER GRANTING DEFENDANT SILVERADO SENIOR LIVING, INC. D/B/A SILVERADO SENIOR LIVING - SUGAR LAND'S RULE 91a MOTION TO DISMISS

BE IT REMEMBERED that on this day came on to be considered Defendant, Silverado Senior Living, Inc. d/b/a Silverado Senior Living - Sugar Land's Motion to Dismiss Pursuant to TRCP Rule 91 a and the Court after reviewing such motion is of the opinion that this Motion is well taken should be in all things GRANTED.

PLAINTIFES' claims for false imprisonment, assault and battery, and conspiracy are hereby DISMISSED WITH PREJUDICE solely as to Silverado Senior Living, Inc. d/b/a Silverado Senior Living-Sugar Land.

IT IS FURTHER ORDERED, that Silverado Senior Living, Inc. d/b/a Silverado Senior Living - Sugar Land be awarded its costs and attorneys' fees after considering evidence within thirty (30) days from the date of this order.

All relief not expressly granted herein is denied.

*15

TAB 3

Order denying motion to reconsider 91a motion to dismiss and motion for sanctions, signed on January 9, 2015

*16

CAUSE NO. $427,{208}^{-401}$

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 Plaintiffs Motion to Reconsider Rulings with Affidavit of Inability to Pay and Counter Motion for Sanctions and/or Application of Clean Hands Doctrine and Brief in Support of Motion to Reconsider and Rescind Rule 91A Dismissal of Silverado and Sanctions Orders and the Court afler revicwing such motion, briefing and any responses is of the opinion that this Motion and Bricf 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 HEREBY DENIED.

All relief not expressly granted herein is denied.

*17

TAB 4

Order granting application for attorney's fees pursuant to Rule 91a Order entered on November 10, 2014, signed on January 9, 2015

*18

CAUSE NO. 427,208

MACKEY ("MACK") GLEN PETERSON 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 SILVIRADO SENIOR LIVING - SUGAR LAND

IN PROBATE COURT NO. 1

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. d/b/a Silverado Senior Living Sugar Land Application for Attorney Fees Pursuant to Rule 9la 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 THEREFORE ORDERED, that Silverado Senior Living, Inc. d/b:a Silverado Senior Living - Sugar Land be awarded its costs and attomeys' fees in the amount of $\$22$ &; 6 6 6 6 6 2

IT IS FURTHER ORDERED, that Silverado Senior Living, Inc. d/ba Silverado Senior Living - Sugar Land be awarded its costs and attomeys' fees in the amount of $\$100$ o 10 6 6 2 in the event of appeal, $\$7500$ if plaintiff files a Writ of Error or Petition for Review with the Supreme Court of Texas, and $\$7500$ If the Writ of Error or Petition for Review is Granted by the Supreme Court of Texas.

*19 All relief not expressly granted herein is denied.

Approved and Entry Requested By: iS: Christian R. 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 Houston, Texas 77046 (713) 659-6767 Telephone (713) 759-6830 Facsimile

ATTORNEYS FOR DEFENDANTS, SILVERADO SENIOR LIVING, INC. D/B/A SILVERADO SENIOR LIVING SUGAR LAND

*20

TAB 5

Order granting Silverado's first amended plea to the jurisdiction, signed on January 9, 2015

*21

CAUSE NO. $427,208\to 1$

MACKEY ("MACK") GLEN PETERSON PETERSON: TONYA PETERSON Individually and as Next Friend of RUBY PETERSON: DON LESLIE PETERSON: 8 CAROL PETERSON, Individually and as Next Friend of RUBY PETERSON: and LONNY PETERSON. $\begin{array}{cccccc}\text{VS.}\hfill & amp;8\hfill & amp;8\text{SII VERADO SENIOR LIVING, INC.}\hfill & amp;8\text{d/b/a SILVERADO SENIOR LIVING -}\hfill & amp;8\text{SICGARLAND}\hfill & amp;8\hfill \end{array}$ HARRIS COUNTY, TEXAS

MODIFIED ORDER GRANTING SILVERADO'S FIRST AMENDED PLEA TO THE JURISDICTION

BE IT REMEMBERED that on this day came on to be considered Defendant, Silverado Senior Living, Inc. d/b/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 be in all things GRANTED.

It is HEREBY ORDERED, ADJUDGED and DECREED that PL AINTIEFS Carol Peterson and Tonya Peterson do not have standing to bring claims on behalf of RUBY PETERSON as next friends or otherwise. The sole persons with standing to bring claims on behalf of RUBY PETERSON are David Peterson, Carol Manley and/or her Court appointed ad litems.

All relief not expressly granted herein is denied.

*22

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

*23

(A)

| MACKFY ("MACK") GLEN PETERSON | $ | IN PROBATE COURT NO. 1 | | :--: | :--: | :--: | | PETERSON: TONYA PETERSON | $ | | | Individually and as Next Friend of | $ | | | RUBY PETERSON; DON I ESLIE PETERSON; | $ | | | CAROL PETERSON, Individually and as Next | $ | | | Friend of RUBY PETERSON; and LONNY | $ | | | PETERSON. | $ | | | | $ | | | VS. | $ | | | | $ | | | SII VERADO SENIOR LIVING, INC. | $ | | | d/b:a SILVERADO SENIOR LIVING | $ | | | SI GARI AND | $ | HARRIS (OUNTY, IEXAS |

ORDER GRANTING SILVERADO'S 91a MOTION TO DISMISS PLAINTIFFS' BREACH OF TRUST AND/OR BREACH OF FIDUCIARY DUTY

BE IT REMEMBERED that on this day came on to be considered Defendant. Silverado Senior Living, Inc. d/b:a Silverado Senior Living - Sugar Land's Motion to Dismiss Pursuant to TRCP Rule 91 a and the Court after reviewing such motion, supplement and any response thereto is of the opinion that this Motion is well taken should be in all things GRANTED.

PLAINTIFES' claim for breach of trust and/or breach of fiduciary duty is hereby DISMISSED WITH PREJUDICE as to Silverado Senior Living, Inc. d/b:a Silverado Senior Living

Sugar Land. IT IS FURTHER ORDERED, that Silverado Senior Living, Inc. d/b:a Silverado Senior Living - Sugar I and be awarded its costs and attomeys' fees in the amount of $\$2,692.50$ .

IT IS FURTHER ORDERED, that Silverado Senior Living, Inc. d/b:a Silverado Senior Living - Sugar Land be awarded its costs and attomeys' fees in the amount of $\$750$ in the event Plaintiffs' file a motion to reconsider. $\$10,000.00$ in the event of appeal, $\$7,500.00$ if plaintiff files a Writ of Error or Petition for Review with the Supreme Court of Texas, and $\$7,500.00$ if the Writ of I.rror or Petition for Review is Granted by the Supreme Court of Texas.

*24 All relief not expressly granted herein is denied.

*25

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

*26

CAUSE NO. $427.208\cdots 1\mid$ (

ORDER GRANTING SILVERADO'S MOTION TO MODIFY ORDER GRANTING FIRST AMENDED PLEA TO THE JURISDICTION

BE IT REMEMBERFID that on this day came on to be considered Defendant, Silverado Senior Living, Inc. d/b/a Silverado Senior Living Sugar Land Motion to Modif? 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 GRANTFD.

It is HEREBY ORDERED, ADJUDGED and DECREED that the Second Paragraph of the Order Granting First Amended Plea to the Jurisdiction is HEREBY STRECKEN and modified to be REPLACED with the following:

It is HEREBY ORDERED, ADJUDGED and DECREED that PLAINITIFS Carol Peterson and Tonya Peterson do not have standing to bring claims on behalf of RUBY PETERSON as next friends or otherwise. The sole persons with standing to bring claims on behalf of RUBY PETERSON are David Peterson, Carol Manley and/or her Court appointed ad litems.

*27 All relief not expressly granted herein is denied.

*28

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

*29

CAUSE NO. $427,208\to 1$

MACKEY ("MACK") GLEN PETERSON PETERSON: TONYA PETERSON Individually and as Next Friend of RUBY PETERSON: DON LESLIE PETERSON: 8 CAROL PETERSON, Individually and as Next Friend of RUBY PETERSON: and LONNY PETERSON. $\begin{array}{cccccc}\text{VS.}\hfill & amp;8\hfill & amp;8\text{SII VERADO SENIOR LIVING, INC.}\hfill & amp;8\text{d/b/a SILVERADO SENIOR LIVING -}\hfill & amp;8\text{SICGARLAND}\hfill & amp;8\hfill \end{array}$ HARRIS COUNTY, TEXAS

MODIFIED ORDER GRANTING SILVERADO'S FIRST AMENDED PLEA TO THE JURISDICTION

BE IT REMEMBERED that on this day came on to be considered Defendant, Silverado Senior Living, Inc. d/b/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 be in all things GRANTED.

It is HEREBY ORDERED, ADJUDGED and DECREED that PL AINTIEFS Carol Peterson and Tonya Peterson do not have standing to bring claims on behalf of RUBY PETERSON as next friends or otherwise. The sole persons with standing to bring claims on behalf of RUBY PETERSON are David Peterson, Carol Manley and/or her Court appointed ad litems.

All relief not expressly granted herein is denied.

*30

TAB 9

Amended Notice of Appeal, dated June 16, 2015

*31 [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. §

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

*32

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. 427,208401, signed on November 7, 2014;

E Order denying motion to reconsider 91a motion to dismiss and motion for sanctions, signed on January 9, 2015;

*33 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.

*34 PETERSON, and LONNY PETERSON desire to appeal to the First or Fourteenth Court of Appeals, Houston, Texas.

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

*35

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above document was efiled and sent by email or electronic delivery by agreement to:

Sarah Pacheco Kathleen Beduze Crain, Caton &; James, PC 1401 McKinney St., Suite 1700 Houston, TX 77010 Russ Jones Underwood, Jones, Scherrer &; Malouf, PLLC 5177 Richmond Ave., Suite 505 Houston, TX 77056 on June 16, 2015.

Jill Young MacIntyre, McCulloch, Stanfield, Young, LLP 2900 Wesleyan, Suite 150 Houston, TX 77027 Josh Davis Lewis Brisbois Bisgaard &; Smith, LLP Weslayan Tower, Suite 1400 24 Greenway Plaza Houston, TX 77046 [s/ Philip M. Ross Philip M. Ross