March 6, 2014



### JUDGMENT


## The Fourteenth Court of Appeals

PAIGE TROTTER HOLLOW AY AND BARBARA TROTT ER COLLINS, INDIVIDUALLY, AS CO

- ADMINISTRATORS OF TH E ESTATE OF J. T. TROTTER, DECEASED , AS CO

- TRUSTEES OF TROTTER GRANDCHILDREN ’ S 1993 TRUSTS, J. T. TROTTER 2004 GRANTOR

TRUST, TROTTER GGC 2 004 TRUST, TROTTER 1 993 TRUST FOR PAIGE HOLLOWAY, TROT TER 1993 TRUST FOR B ARBARA COLLINS AND ALL OTHER TRUSTS CREATED UNDER DECEDE NT ’ S WILL, AND AS CO

- T RUSTEES OF THE JACK TROTTER FOUNDATION A ND TROTTER EDUCATION FO UNDATION, AND WILLIA M COLLINS, TRUSTEE OF THE TROTT ER FRIENDS 2005 TRUS T , Appellant s

NO. 14

- 12

- 01087

- CV V.

RICHARD MONROE, KATH Y KYLE AND DAWN RIGB Y , Appellee

________________________________ This cause, an appeal from the judgment in favor of appellee s , Richard Monroe, Kathy Kyle and Dawn Rigby, signed October 30, 2012, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore order the judgment of the court below REVERSED and REMAND the cause for proceedin gs in accordance with the court’ s opinion.

We further order that all costs incurred by reason of this appeal be paid by appellee s , Richard Monroe, Kathy Kyle and Dawn Rigby , jointly and severally

.
We further order this decision certified below for observance.

### MANDATE


## The Fourteenth Court of Appeals

NO. 14

- 12

- 01087

- CV

Paige Trotter Holloway and Barbara Trotter Collins, Individually, as Co

Administ rators of the Estate of J. T. Trotter, Deceased, as Co

- Trustees of Trotter Grandchildren’s 1993 Trusts, J. T. Trotter 2004 Grantor Trust, Trotter GGC 2004 Trust, Trotter 1993 Trust for Paige Holloway, Trotter 1993 Trust for Barbara Collins and all other tr usts created under Decedent’s Will, and as
Co

- Trustees of the Jack Trotter
Foundation and Trotter Education Foundation, and William Collins,
Trustee of the Trotter Friends 2005 Trust, Appellants

v.

Richard Monroe, Kathy Kyle and Dawn Rigby, Appellee App ealed from the Probate Court No 3 of Harris County. (Tr. Ct. No. 392,875).
Memorandum Opinion delivered by Justice McCally. Justices Busby and Wise also participating.

TO THE PROBATE COURT NO 3 OF HARRIS COUNTY, GREETINGS:Before our Court of Appeals on March 6, 2014 , the cause upon appeal to revise or reverse your judgment was determined. Our Court of Appeals made its order in these words:

This cause, an appeal from the judgment in favor of appellee s , Richard Monroe, Kathy Kyle and Dawn Rigby, signed October 30, 2012, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore order the judgment of the court below REVERSED and REMAND the cause for proceedings in accordance with the court's opinio n.
We further order that all costs incurred by reason of this appeal be paid by appellee s , Richard Monroe, Kathy Kyle and Dawn Rigby

, jointly and severally

.
We further order this decision certified below for observance.

WHEREFORE, WE COMMAND YOU to obse rve the order of our said Court in this behalf and in all things have it duly recognized, obeyed, and executed.

WITNESS , the Hon. Kem Thompson Frost , Chief Justice of our Fourteenth Court of Appeals, with the Seal thereof affixed, at the City of Houston,

. CHRISTOPHER A. PRINE, Clerk

## Fourteenth Court of Appeals
HOUSTON, TEXAS 77002 RECORDS RETENTION SCHEDULE IN CIVIL CASES

(Secretary to complete entire top portion at time opinion is delivered

– have signed by authoring j udge) CASE NO.: 14

- 12

- 01087

- CV DATE CASE FILED: 12/4/2012 STYLE: PAIGE TROTTER HOLLOWAY AND BARBARA TROTTER COLLINS, INDIVIDUALLY, AS CO

- ADMINISTRATORS OF THE ESTATE OF J. T. TROTTER, DECEASED, AS CO

- TRUSTEES OF TROTTER GRANDCHILDREN’S 1993 TRUSTS, J. T. TROTTER 2004 GRANTOR TRUST, TROTTER GGC 2004 TRUST, TROTTER 1993 TRUST FOR PAIGE HOLLOWAY, TROTTER 1993 TRUST FOR BARBARA COLLINS AND ALL OTHER TRUSTS CREATED UNDER DECEDENT’S WILL, AND AS CO

TRUSTEES OF THE JACK TROTTER FOUNDATION AND TROTTER EDUCATION FOUNDATION, AND WILLIAM COLLINS, TRUSTEE OF THE TROTTE R FRIENDS 2005 TRUST v. Richard Monroe, Kathy Kyle and Dawn Rigby

COUNTY: Harris DESCRIPTION/SUBJECT OF CASE: Probate

PANEL: SM, JBB, KPW AUTHOR: McCally PER CURIAM: NO OPINION ISSUED : March 6, 2014 OPINION DECISION: REVERSED AND REMANDED

RECOMMEND: DESTROY: YES HISTORICAL: NO COMMENTS: SIGNED: DATE: ___________________________

––––––––––––––––––––– **FOR CLERK’S USE ONLY**

–––––––– –––––––––– MANDATE ISSUED:

___________________________________________________ LETTER TO STATE ARCHIVES (date):

__________________________________ COMMENTS:

________________________________________________________

––––––––––––––––––––– **FOR CLERK’S USE ON LY**

–––––––––––––––––– (Dispose of 6 years after final disposition) DATE DESTROYED: _____________________________________________ DATE SENT TO STATE ARCHIVES FOR PERMANENT RETENTION: