No. 06-14-00020-CV
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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
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WENDOLYN MESSNER, DEPENDENT ADMINISTRATOR
Appellant
v.
MARK L. BOON, BOON SHAVER ECHOLS COLEMAN & GOOLSBY, P.L.L.C.,
Appellees
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On Appeal from the
County Court at Law of Rusk County, Texas
Hon. Chad Wes Dean
Trial Court Cause No. 02-043 A
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APPELLANT’S SUPPLEMENT TO MOTION FOR REHEARING
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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