Miguel Angel Gonzalez Guilbot, Carlos Alberto Gonzalez Guilbot, Maria Rosa Del Arenal De Gonzalez, Armando Lopez, Kathleen Ebert Viesca and Eric D. Nielsen v. in the Estate of Miguel Angel Luis Gonzalez Y Vallejo
Judgment in Cause No. 14-07-00047-CV Affirmed, Appeal in Cause No. 14-10-
01149-CV Dismissed, Opinion of December 9, 2010 in Cause No. 14-07-00047-CV
Withdrawn, Opinion on Remand filed March 29, 2012, and Concurring Opinion on
Remand filed June 21, 2012.
In The
Fourteenth Court of Appeals
NO. 14-07-00047-CV
NO. 14-10-01149-CV
MIGUEL ANGEL GONZALEZ GUILBOT, CARLOS A. GONZALEZ GUILBOT,
AND MARIA ROSA DEL ARENAL DE GONZALEZ, Appellants
V.
MARIA DEL CARMEN GUILBOT SERROS DE GONZALEZ, INDIVIDUALLY
AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF MIGUEL
ANGEL LUIS GONZALEZ Y VALLEJO, LUIS AMADEO GONZALEZ
GUILBOT, JOSE GUILLERMO GONZALEZ GUILBOT, CARMEN ISABEL
GONZALEZ GUILBOT DE URIARTE, GERARDO GONZALEZ GUILBOT,
JAVIER GONZALEZ GUILBOT, MADEIRA INTERNATIONAL LTD.,
FRANCEVILLE INTERNATIONAL LTD., ARKHANGEL INTERNATIONAL
LTD., L&T AMERICAN CORPORATION, TG INTERAMERICA
CORPORATION, Appellees
On Appeal from the Probate Court Number Two
Harris County, Texas
Trial Court Cause No. 344,157-401
CONCURRING OPINION ON REMAND
I regret that the Supreme Court issued a mandate which usurps this court’s
jurisdiction to rule on the merits, and leaves appellants in a state of legal purgatory.
However, I agree with my colleague’s conclusion that under the present mandate this
court has a ministerial duty to affirm the trial court’s judgment.
On this record, the parties do not dispute the fact that appellants’ issues on appeal
should be considered on the merits. Therefore, I do not join in any dispositional language
that would impair or prejudice appellants’ statutory and substantive right to
comprehensive analysis and disposition of each issue on the merits. Accordingly, I
respectfully request that the Supreme Court clarify its mandate and allow or instruct this
court to address appellants’ issues as prescribed in Rule 47.1, Texas Rules of Appellate
Procedure.
/s/ Charles W. Seymore
Justice
Panel consist of Justices Frost, Seymore, and Jamison. (Jamison, J., not participating).
(Frost, J., Opinion on Remand).
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