ACCEPTED
01-14-01030-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/17/2015 4:48:07 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-01030-CV
IN THE FILED IN
1st COURT OF APPEALS
FIRST COURT OF APPEALS HOUSTON, TEXAS
AT HOUSTON, TEXAS 6/17/2015 4:48:07 PM
______________________________________
CHRISTOPHER A. PRINE
Clerk
TARRIS WOODS
-Appellant-
VERSUS
SANDRA T. KENNER AND CHARLES E. TWYMON, JR.
-Appellee-
______________________________________
On Appeal from the
Probate Court of Galveston County
Trial Court Case No. PR-0075144
Hon. Kimberly Sullivan, Presiding
_____________________________________________
APPELLANT'S COUNTER-RESPONSE TO APPELLEE’S OBJECTIONS
AND RESPONSE TO THE MOTION FOR TEMPORARY ORDER
STAYING ENFORCEMENT OF THE JUDGMENT
Douglas T. Godinich
Attorney at Law
SBN: 24007244
2727 Broadway
Galveston, Texas 77550
(409) 763-2454 (telephone)
(409) 736-4309 (facsimile)
Attorney for Appellant
Tarris Woods
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TO THE HONORABE JUSTICES OF SAID COURT:
NOW COME Appellant Tarris Woods and files this
counter-response to appellee’s objection and response
to the motion for temporary order staying enforcement
of the judgment, and appellant would respectfully show
the Court as follows:
I.
Appellee assert that the lawsuit against appellant
is to recover damages arising from appellant
withholding possession of the alleged “jointly owned
property.”
Appellant is asking this Court to issue a temporary
order as provided for under Tex.R.App.P.24.4(c).
II.
An independent executor has authority, without an
order of the probate court, to do any act which any
ordinary executor or administrator may do under such an
order. Dallas Servs. for Visually Impaired Children,
Inc. v. Broadmoor II, 635 S.W.2d 572, 576 (Tex. App.
1982), writ refused NRE (Sept. 15, 1982)
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The Order granting letters of administration
granted Charles E. Twymon, Jr. and Robin J. Twmon as
independent co-administrators of the estate of Charles
E. Twymon, Sr., and these two independent co-
administrators executed a Warranty Deed to the
appellant for the property located at 3112 Winnie,
Galveston, Texas 77550.
III.
Appellant, should be protected against any attack
on his title by the appellee based on her claim of
invalidity of the acts of the executors on which his
title is based. Id. at 577.
This Court should protect Appellant, as an innocent
purchaser, from any claim that the authority of Charles
E. Twymon, Jr. and Robin J. Twmon as independent co-
administrators to sell the property was not exercised
in accordance with their authority under the will or
under the law. Id.at 577.
For the reasons stated in this motion, the
Appellant ask the Court for a Temporary Order Staying
the Enforcement of the Judgment in the underlying
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proceeding to maintain the status quo, to preserve the
Appellants rights, and preserve the Court’s
jurisdiction to consider the merits of the supersedes
motion and also the merits of the Appellant’s appeal.
Respectfully submitted,
__/S/_Douglas T. Godinich _
Douglas T. Godinich
Texas Bar No 24007244
2727 Broadway
Galveston, Texas 77550
Tel: (409) 763-2454
Fax: (409) 763-4309
Attorney for Appellant Tarris
Woods
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Certificate of Service
A copy of this notice is being filed with the
appellate clerk in accordance with rule 25.1(e) of the
Texas Rules of Civil Procedure. I certify that a true
copy of this Appellant’s Original Brief was served in
accordance with rule 9.5 of the Texas Rules of Appellate
Procedure on each party or the attorney for such party
indicated below by first class mail and or fax
transmittal and or by hand delivery.
_/s/ Douglas T. Godinich
Douglas T. Godinich
By FAX TRANSMITTAL
Thomas W. McQuage
P.O. Box 16894
Galveston, Texas 77552
TEL: 409-762-1104
mcquage@swbell.net
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Tarris Woods v. Sandra T. Kenner and Charles E. Twymon, Jr.
Combined Opinion