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

No. 06-14-00020-CV ________________________________________________________________ FILED IN 6th COURT OF APPEALS In the Court of Appeals of Texas TEXARKANA, TEXAS Sixth District 1/7/2015 1:28:59 PM Texarkana, Texas DEBBIE AUTREY Clerk ________________________________________________________________ WENDOLYN MESSNER, DEPENDENT ADMINISTRATOR Appellant v. MARK L. BOON, BOON SHAVER ECHOLS COLEMAN & GOOLSBY, P.L.L.C., Appellees ________________________________________________________________ On Appeal from the County Court at Law of Rusk County, Texas Hon. Chad Wes Dean Trial Court Cause No. 02-043 A ________________________________________________________________ APPELLANT’S SUPPLEMENT TO MOTION FOR REHEARING ________________________________________________________________ PAUL W. TURNER Texas Bar No. 24037619 400 S. Alamo, Suite A Marshall, Texas 75670 (903) 935-0135 (phone) (903) 935-0235 (facsimile) pturner@thelawofficeofpwt.com COUNSEL FOR APPELLANT 1 SUPPLEMENT TO ARGUMENT In Appellant’s Motion for Rehearing, Appellant argued that the Court had erred in some of its legal analysis on page 20 of its Opinion.1 In an effort to more succinctly state the flaw in the Court’s analysis, Wendolyn submits this Appellant’s Supplement to Motion for Rehearing. The Court has held that Wendolyn can brings claims against Boon for any negligent act that he committed during Delbert’s lifetime,2 but she cannot bring claims for any negligent act that Boon committed during Bengel’s administration of Delbert’s estate because any such negligence was an injury to Bengel.3 But, as the Court rightly observed on page 19 of its Opinion, Bengel stood in the shoes of Delbert as the executor of his estate. Therefore, an injury to Bengel was an injury to Delbert, and the Court has acknowledged that Wendolyn can bring claims for an injury to Delbert. Respectfully submitted, /s/ Paul W. Turner____________ Paul W. Turner Texas Bar No. 24037619 400 S. Alamo, Suite A Marshall, Texas 75670 903-935-0135 (phone) 903-935-0235 (facsimile) pturner@thelawofficeofpwt.com Counsel for Appellant 1 Appellant’s Motion for Rehearing, p. 15-18. 2 Opinion, p. 19. 3 Opinion, p. 20-21. 2 CERTIFICATE OF COMPLIANCE The Appellant’s Supplement to Motion for Hearing contains 159 which, if the Court allows this Supplement, results in a total count of 4,616 words which exceeds the 4,500 word limit of with Texas Rule of Appellate Procedure 9.4(i). Signed on January 7, 2015. /s/ Paul W. Turner____________ Paul W. Turner CERTIFICATE OF SERVICE I certify that on January 7, 2015, I served a copy of Appellant’s Supplement to Motion for Rehearing on counsel for Appellees listed below by electronic service and the electronic transmission was reported as complete. My email address is pturner@thelawofficeofpwt.com. Michael L. Dunn Smead, Anderson & Dunn 2110 Horseshoe Lane Longview, Texas 75605 Counsel for Appellees Mark L. Boon and Boon Shaver Echols Coleman & Goolsby, P.L.L.C. /s/ Paul W. Turner____________ Paul W. Turner 3