REQUEST TO PROCEED WITH INTERLOCUTORY APPEAL 1

No. 419,625-401

IN THE ESTATE OF DORIS J. SIMON, : IN THE PROBATE COURT

INCAPACITATED : NUMBER ONE

:

 vs :

MICHAEL BOLTZ, ANGELA JOHNSON, : HARRIS COUNTY,TEXAS

JOELLEN SNOW, JERRY SIMONEAUX :

& LAUREN BYRD :

No. 14-15-00212-CV

IN THE ESTATE OF DORIS J. SIMON, : IN THE FOURTEENTH COURT 

:

INCAPACITATED. APPELLANT : OF APPEALS 

 :

vs : HARRIS COUNTY, TEXAS

:

:

JOELLEN SNOW, APPELLEE, :

ANGELA JOHNSON, APPELLEE : 

and :

MICHAEL BOLTZ, JERRY SIMONEAUX :

and LAUREN BYRD :

PLAINTIFF/APPELLANT’S REQUEST FOR FURTHER CONSIDERATION OF 

PLAIANITIFF’S REQUEST FOR PERMISSION TO TAKE INTERLOCUTORY APPEAL

TO THE HONORABLE COURT:

Guardian Morna Simon-McGuffey, as agent and representative for the Estate of 

Doris J. Simon, reurges its request for the court to grant permission for her to take an 

interlocutory appeal of the court’s orders dismissing Defendants Angela Johnson and 

Joellen Snow, and further requests the Court to sever causes related to defendants Angela 

ACCEPTED

14-15-00212-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

4/14/2015 10:53:24 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 4/14/2015 10:53:24 PM CHRISTOPHER A. PRINE Clerk
REQUEST TO PROCEED WITH INTERLOCUTORY APPEAL 2

Johnson and Joellen Snow for the purpose of allowing an interlocutory appeal, presently 

docketed at the Court of Appeals for the Fourteenth District, No. 14-15-00212-CV

.

1. As a result of the dismissals of Plaintiff/Appellant’s causes against 

Defendants Johnson and Snow, legal questions are now before the court concerning legal 

duties owed by attorneys AdLitem to their clients, especially clients known to have been 

medically determined to be legally incompetent, and concerning legal duties owed by and 

the responsibilities of “Expert” Guardianship Attorneys employed to represent clients 

according to the exercise of “Power of Attorney” rights and privileges, and according to

other agency-“like” principles such as Restatement of Law attorney liability to client and 

non-clients. Such issues are ripe for decision as they were pleaded to the Probate Court 

by Plaintiff’s First Amended Original Petition, yet dismissed upon special exceptions and 

according to Rule 91(a). Their resolution here on appeal may well influence the 

resolution of other remaining claims among the parties.

2. Appellant/Plaintiff Simon-McGuffey seeks to reinstate all claims against 

defendants Johnson and Snow. 

3. The controversies involved between Appellant and Defendants Snow and 

Johnson, and the three defenants, Michael Boltz, Jerry Simoneaux and Lauren Bird, 

present more than one cause of action that arose out of a series of events, culminating and 

following the October, 2013 appointment of a guardian for Doris J. Simon. The present
REQUEST TO PROCEED WITH INTERLOCUTORY APPEAL 3

causes against Defendants’ Snow and Johnson y derive from the actions and malfeasonse

of the two and various other defendants at various times as they interacted with others 

and each others. Judicial economy thuse required the initial joinder of these causes, 

though it is requested that the Snow, Johnson controversies be severed to allow an appeal 

of the dismissals, it is recognized that, following the appeal, judicial economy will 

demand rejoinder because interwoven facts are common and many.

4. The proposed severed claims based upon involvements of Defendants 

Johnson and Snow could be the proper subject of a lawsuit if asserted independently; 

howver, they were joined in this lawsuit because they arose out of the same and similar 

facts.

5. Because the court’s rulings froom which permission to appeal is requested

are required to be “No Evidence Considered”

1 rulings [Tex. R. Civ. P. 91(a)6], questions 

of law are all that can emerge fromy the court’s Special Exception and Rule 91(a) rulings, 

thus questions of law presented to the Court of Appeals are all questions of law that may 

be properly decided. There can be no disputed fact issues at this state of pretrial 

procedure.

6. 6. The severance is requested to do justice, avoid prejudice, and further 

convenience in that the parties are essentially before the appellate court with the Clerk’s 

Record and Reporters Record poised to be filed on or about April 26, 2014 and thereby 

beginning the briefing timetable. Defendant/Appellee’s Snow and Johnson argue their 

posture that plaintiff suffer the greatest prejudice there is by having her appeal dismissed.

 
REQUEST TO PROCEED WITH INTERLOCUTORY APPEAL 4

PREMISES CONSIDERED, Plaintiff/Appellant MORNA SIMON-MCGUFFEY, GDN,

GUARDIAN AND REPRESENTATIVE FOR THE ESTATE OF DORIS J. SIMON PRAYS THAT THE 

COURT permit the continuation of the appeal of this case to the Fourteenth Court of 

Appeals of Harris County Texas under cause No. 14-15-00212-CV and grant the 

Appellant Plaintiff Permission to present this appeal to the Court of Appeals as a case 

granted permission by the Probate Court to take an Interlocutory Appeal.

Respectfully submitted,

____/s/ H. Clay McGuffey________________

Henry Clay McGuffey

P.O. Box P.O. Box 980593

Houston, Texas 77098-5804

5804 Fordham

Houston, Texas 77005

Texas State Bar No. 13661500

Tel. 713-855-5669

Fax: 713-583-2706

clay.mcguffey@yahoo.com

mcguffey@texas.net

Attorney for Morna Simon-McGuffey, 

Guardian for the Estate and Person of Doris J. 

Simon

CERTIFICATE OF SERVICE 

This is to certify that true and correct copies of the foregoing are served on counsel of 

record for the parties on this 14th day of April, 2015.

________/s/ H. Clay McGuffey____________

Henry Clay McGuffey