Court of Appeals
Sixth Appellate District of Texas
JUDGMENT
Wendolyn Messner, as Dependent Appeal from the County Court at Law of
Administrator, Appellant Rusk County, Texas (Tr. Ct. No. 02-043
A). Opinion delivered by Justice Moseley,
No. 06-14-00020-CV v. Chief Justice Morriss and Justice Carter*
participating. *Jack Carter, Justice, Retired,
Mark L. Boon and Boon Shaver Echols Sitting by Assignment.
Coleman & Goolsby, P.L.L.C., Appellees
As stated in the Court’s opinion of this date, we find there was partial error in the
judgment of the court below. Therefore, we affirm the trial court’s summary judgment in favor
of appellees with respect to claims relating to damages allegedly suffered by Juanita Bengel. We
reverse the trial court’s summary judgment dismissing the claims by Wendolyn Messner in her
capacity as the personal representative of Delbert M. Messner’s estate against appellees and
remand those claims to the trial court for further proceedings consistent with this opinion.
We further order that the appellees, Mark L. Boon and Boon Shaver Echols Coleman &
Goolsby, P.L.L.C., pay all costs of this appeal.
RENDERED JANUARY 28, 2014
BY ORDER OF THE COURT
JOSH R. MORRISS, III
CHIEF JUSTICE
ATTEST:
Debra K. Autrey, Clerk