___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 1 of 7

CAUSE NO. 03-17-00756-CV 

 IN THE COURT OF APPEALS FOR THE THIRD DISTRICT 

AUSTIN, TEXAS 

________________________________________________________________ 

IN RE BOBBY WAYNE MCKISSACK, INDIVIDUALLY AND AS 

CO-AGENT AND ATTORNEY IN FACT FOR JOE ANN MCKISSACK 

AND BOBBY WILSON MCKISSACK, AND ERIC MCKISSACK, 

INDIVIDUALLY AND AS CO-AGENT AND ATTORNEY IN FACT 

FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK, 

Relators,

________________________________________________________________ 

 Mandamus Originating From 

 274th District Court, Comal County, Texas 

Cause No. C2017-1496C 

________________________________________________________________ 

 RELATORS’ MOTION FOR EMERGENCY RELIEF 

________________________________________________________________ 

 

ACCEPTED

03-17-00756-CV

21332184

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/15/2017 4:29 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/15/2017 4:29:33 PM JEFFREY D. KYLE Clerk
___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 2 of 7

TO THE HONORABLE COURT OF APPEALS: 

Pursuant to the Texas Rules of Appellate Procedure, including Tex. R. App. 

P. 52.10, Relators, Bobby Wayne McKissack, Individually and as Co-Agent and 

Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack, and Eric 

McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann 

McKissack and Bobby Wilson McKissack (“Relators”) file this Motion for 

Emergency Relief and show the following: 

1. Relators have filed a Petition for Writ of mandamus, in which Relators seek 

relief from a November 9, 2017 order (the “Order”) from the Honorable Gary L. 

Steel, Judge Presiding of the 274th Judicial Court, the Judicial District Court, 

Comal County, Texas. See Order (attached as Exhibit “A”). In the Order, the 

Court granted Respondent’s Motion for Anti-Suit Injunction and enjoined and 

abated two guardianship proceedings pending in the County Court in Taylor 

County, Texas. 

2. In Relators’ Petition for Writ of Mandamus filed with the Court on 

November 14, 2017, Relators ask this Court to issue a writ of mandamus 1) 

reversing the Order of the Comal County District Court, which granted Plaintiff's 

Motion for Anti-Suit Injunction, and 2) dissolving the Temporary Injunction Order 

issued by the Comal County District Court in its entirety. 
___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 3 of 7

3. Until such time as the Court can address Relators’ Petition, Joe Ann 

McKissack and Bobby Wilson McKissack are facing financial and emotional 

difficulties that can only be resolved through the guardianship proceedings pending 

in Taylor County. While these financial and emotional issues have been prevalent 

since the applications were filed and necessitated same, these issues have been 

ramping up such that this emergency relief is now imminently necessary. Another 

family member, Brian McKissack apparently now has POA for both Joe Ann and 

Bobby Wilson McKissack; however, he is failing to take care of their day to day 

financial needs. For example, Joe Ann and Bobby Wilson McKissack still own a 

home and acreage in Pearsall, Texas and Brian had failed to pay the homeowners’ 

insurance, thus requiring Eric McKissack to pay the insurance out of his pocket (so 

as to not violate the temporary injunction) earlier this month. This issue and others 

are set forth in more detail in the Affidavits of Eric McKissack and Kami 

McKissack attached hereto as Exhibits “B” and “C.” 

Further, despite being incapacitated and in need of the assistance provided at 

the assisted living facility in Abilene, Joe Ann recently declared that they were 

moving back to Pearsall due to the costs of the facility. The reason that Eric and 

his wife, Kami, moved Joe Ann and Bobby Wilson McKissack to Abilene a year 

ago was due to the fact that their medical and financial needs were not being met in 

Pearsall. Bobby Wilson has dementia and needs dialysis three times a week and 
___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 4 of 7

Joe Ann has macular degeneration such that she can no longer drive or take care of 

their daily needs. 

Further, the sons (Stephen and Bobby Wayne) and grandsons (Bryan and 

Eric) of Joe Ann and Bobby Wilson are on opposite sides of the underlying legal 

battle, brought by Real Party in Interest Stephen McKissack. This family fight has 

caused a tremendous emotional toll on both Joe Ann and Bobby Wilson. As such, 

the guardianships need to proceed immediately in order to insure the financial 

needs and emotional well-being of Joe Ann and Bobby Wilson McKissack are 

properly attended to. Relators will be irreparably harmed if this emergency relief is 

not granted and certainly if this Court eventually determines that they are not 

entitled to maintain guardianship proceedings in the only court with jurisdiction 

over those proceedings for Joe Ann McKissack and Bobby Wilson McKissack. 

Accordingly, Relators request that the Court immediately issue an order: allowing 

Relators to proceed with the guardianship proceedings in Taylor County, Texas 

while Relator's Petition is pending determination before the Court. 

4. The prejudice to Relators will be great if this motion is not granted, whereas 

the prejudice to Real Party in Interest, Stephen McKissak will be minimal as he did 

not even file a response to Relators’ Petition for Writ of Mandamus seeking the 

same relief. 
___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 5 of 7

PRAYER FOR RELIEF 

WHEREFORE, pending the Court's consideration of Relators’ Petition for 

Writ of Mandamus, Relators respectfully request that the Court grant this Motion 

for Temporary Relief and immediately issue an order: allowing Relators to proceed 

with the guardianship proceedings filed for Joe Ann McKissack and Bobby Wilson 

McKissack in Taylor County, Texas. Relators also request such other and further 

relief to which they may be entitled. 

Respectfully submitted, 

 MCMAHON SUROVIK SUTTLE, P.C. 

 P.O. Box 3679 

 Abilene, Texas 79604 

 (325) 676-9183 Telephone 

 (325) 676-8836 Fax 

 BY: /s/ Robert B. Wagstaff 

 Robert B. Wagstaff 

 State Bar No. 20665000 

 rwagstaff@mcmahonlawtx.com 

 ATTORNEYS FOR RELATORS 

 
___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 6 of 7

CERTIFICATE OF COMPLIANCE

 I, Robert B. Wagstaff, do hereby affirm that Relators have complied with 

Texas Rule of Appellate Procedure 52.10 and made diligent effort to notify all 

parties by facsimile that a motion for emergency relief is being filed in accordance 

with the Texas Rules of Appellate Procedure. 

 /s/ Robert B. Wagstaff 

 ROBERT B. WAGSTAFF 

CERTIFICATE OF CONFERENCE

 I, Robert B. Wagstaff, do hereby affirm that Relators have complied with 

Texas Rule of Appellate Procedure 10.1 and made effort on December 15, 2017 to 

confer with all other parties about the merits of Relators’ Motion for Emergency 

Relief; however, Relators were unable to reach opposing counsel to confer. 

 /s/ Robert B. Wagstaff 

 ROBERT B. WAGSTAFF 

 
___________________________________________________ 

RELATORS’ MOTION FOR EMERGENCY RELIEF Page 7 of 7

CERTIFICATE OF SERVICE 

 This is to certify that a true copy of the above and foregoing instrument was 

forwarded to all attorneys of record via facsimile and e-service and to Respondent 

via facsimile on this 15th day of December, 2017, in accordance with the Texas 

Rules of Civil Procedure and the Texas Rules of Appellate Procedure. 

 /s/ Robert B. Wagstaff 

 ROBERT B. WAGSTAFF 
CAUSE NO. C2017-1496C 

STEPHEN MILLER MCKISSACK § 

Plaintiff, § 

§ 

V. § 

§ 

BOBBY WAYNE MCKISSACK, § 

INDIVIDUALLY AND AS CO-AGENT AND § 

ATTORNEY IN FACT FOR JOE ANN § 274rn JUDICIAL DISTRICT 

MCKISSACK AND BOBBY WILSON § 

MCKISSACK, AND ERIC MCKISSACK, § 

INDIVIDUALLY AND AS CO-AGENT AND § 

ATTORNEY IN FACT FOR JOE ANN § 

MCKISSACK AND BOBBY WILSON § 

MCKISSACK, § 

Defendants. § OF COMAL COUNTY, TEXAS 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING 

ORDER & ANTI-SUIT INJUNCTION 

On November 2, 2017, in the above-styled and numbered cause, this Court heard Plaintitrs 

Application for Temporary Restraining Order and Anti-Suit Injunction. 

Plaintiff, Stephen Miller McKissack (hereinafter referred to as "Steve McKissack"), 

appeared by and through counsel Charles Sullivan and Aubrey Flowers and announced ready. 

Defendants, Bobby Wayne McKissack (hereinafter referred to as "Bobby Wayne 

McKissack") and Eric McKissack (hereinafter referred to as "Eric McKissack"), appeared by and 

through counsel Robert Wagstaff and announced ready. 

After careful consideration of the pleadings, records, ~xhibits, documents filed by counsel, 

applicable authorities, and the arguments of counsel, TIDS COURT FINDS: 

A. On July 31, 2017, Bobby Wayne Mc Kissack caused to be filed a complaint for 

forcible detainer against Steve McKissack and all others occupying the 

premises at under Cause No. 

Ell 7167; 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 1 of7 
B. On August 24, 2017, Cause No. El 17167 was nonsuited as to Steve McKissack 

and all others occupying the premises at 

- and dismissed; 

C. On August 29, 2017, Steve McKissack filed an Original Petition and an 

Application for Ex-Parte Temporary Restraining Order in the 274th Judicial 

District Court of Comal County, Texas under Cause No. C2017-1496C; 

D. On August 29, 2017, this Court heard, approved, signed, and ordered that the 

temporary restraining order issue without notice to Defendants, restraining 

Defendants, Defendants' officers, agents, servants, employees, successors and 

assigns, and attorneys from: 

" ... directly or indirectly using, selling, or entering into any transactions 

relative to the personal or marital estate of Joe Ann McKissack and 

Bobby Wilson Mc Kissack or making any sort of use of the accounts or 

funds associated with the personal or marital estate of Joe Ann 

McKissack and Bobby Wilson McKissack; from taking any action that 

would be detrimental to the personal or marital estate of Joe Ann 

McKissack and Bobby Wilson McKissack; and, from causing any 

further damages or waste to the personal or marital estate of Joe Ann 

McKissack and Bobby Wilson McKissack." 

E. On September 11, 2017, the parties agreed to and this Court signed an order 

extending the temporary restraining order until September 28, 2017; 

F. On September 28, 2017, Defendants appeared in court in front of the Honorable 

Judge Gary Steel in the 274th Judicial District Court of Comal County, Texas, 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 2 of 7 
seeking a continuance to employ counsel. This Court admonished each of the 

Defendants that they needed to review the Temporary Restraining Order and to 

abide by it in its entirety until such time as the case was reset. This Court 

specifically admonished the Defendants to take no action that could be 

considered a violation of the Temporary Restraining Order; 

G. On October 12, 2017, Defendant Bobby Wayne McKissack, by and through · 

counsel, Robert Wagstaff, filed two guardianship actions in Taylor County with 

regard to the person and estate of Joe Ann McKissack and Bobby Wilson 

McKissack, in direct violation of this Court's temporary restraining order; and 

H. On October 18, 2017, Defendants, by and through counsel, Robert Wagstaff, 

agreed to the injunctive order, attached hereto as Exhibit '' l" and incorporated 

herein by reference as if set forth word for word, also pertaining to the personal 

and marital estate of Joe Ann McKissack and Bobby Wilson McKissack, despite 

having already filed the two guardianship actions in Taylor County with regard 

to the personal and marital estate of Bobby Wilson McKissack and Joe Ann 

McKissack. The agreed injunctive order enjoined Defendants, Defendants' 

officers, agents, servants, employees, successors and assigns, and attorneys 

from committing the restrained conduct as described above and previously 

ordered by this Court's temporary restraining order. Further, counsel Robert 

Wagstaff never brought the existence of the two guardianship actions filed in 

Taylor County to the attention of this Court or Plaintiff's counsel. In fact, the 

existence of the two guardianship actions filed in Taylor County were not 

discovered by Plaintiff's counsel until AFTER counsel Robert Wagstaff agreed 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 3 of 7 
to the injunctive order, which was entered by agreement and signed before 

visiting judge, the Honorable Todd Bloomerth. 

THIS COURT FURTHER FINDS that Plaintiff has met the requisite burden of proof 

necessary for the issuance of this Temporary Restraining Order and Anti-Suit Injunction by 

establishing each and every element imposed by Texas law governing the issuance of anti-suit 

injunctions and orders of abatement on grounds of dominant jurisdiction; 

The Applications for Appointment of Permanent Guardian for the Person and Estate of Joe 

Ann McKissack (Cause No. 2-1219) and the Person and Estate of Bobby Wilson McKissack 

(Cause No. 2-1220), filed by Bobby Wayne McKissack in the County Court at Law #2 of Taylor 

County, are inherently interrelated to and inextricably intertwined with the Application for Ex Parte 

Temporary Restraining Order and Injunction, filed by Steve McKissack in the 274th Judicial 

District Court of Comal County (Cause No. C2017-1496C), the subsequent Temporary Restraining 

Order issued by this Court, and the Agreed Injunction, in that both actions involve the same parties 

and the personal and marital estate of Joe Ann McKissack and Bobby Wilson McKissack; 

The Applications for Appointment of Permanent Guardian for the Person and Estate of Joe 

Ann McKissack (Cause No. 2-1219) and the Person and Estate of Bobby Wilson McKissack 

(Cause No. 2-1220), filed on behalf of Bobby Wayne McKissack by Defendant's attorney Matt 

Mercer in the County Court at Law #2 of Taylor County, constitute vexatious litigation; a 

multiplicity of inherently interrelated and inextricably intertwined suits; and represents a clear 

threat to this Court's exclusive jurisdiction of the personal and marital estate of Bobby Wilson 

Mc Kissack and Joe Ann McKissack; 

Very special circumstances exist such that this injunction is necessary to prevent an 

irreparable miscarriage of justice in that the guardianship actions in Taylor County were filed on 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 4 of 7 
behalf of Bobby Wayne McKissack by and through his attorney Matt Mercer, Robert Wagstaff' s 

partner, while this Court's temporary restraining order was in full force and effect; and, on October 

18, 2017, while engaged in negotiations with Plaintiff's counsel regarding the terms of the 

injunctive order, Counsel for Defendants, Robert Wagstaff, failed to even mention the existence 

of the guardianship actions filed in Taylor County to Plaintiff's counsel and this Court, all of which 

points to the fact that this was legal maneuvering and a specific and direct attempt by Defendants 

and both of their attorneys, Robert Wagstaff and Matt Mercer, to not only circumvent this Court's 

exclusive jurisdiction of the personal and marital estate of Joe Ann McKissack and Bobby Wilson 

McKissack, but also to circumvent this Court's injunctive authority, and avoid this Court's 

injunctive language that counsel for Defendants, Robert Wagstaff, eventually agreed to despite 

having already filed the guardianships in Taylor County; and 

Clear equity demands that Defendants, Defendants' officers, agents, servants, employees, 

successors and assigns, and attorneys cease and desist from filing or pursuing any actions or claims 

outside of the 274th Judicial District Court of Comal County, Texas that are based on, related to, or 

otherwise pertaining to the personal or marital estate of Joe Ann McKissack and Bobby Wilson 

McKissack; that Defendants, Defendants' officers, agents, servants, employees, successors and 

assigns, and attorneys be permanently enjoined and restrained from proceeding with the 

Applications for Appointment of Permanent Guardian for the Person and Estate of Joe Ann 

McKissack (Cause No. 2-1219) and the Person and Estate of Bobby Wilson McKissack (Cause 

No. 2-1220) in Taylor County; and that the Applications for Appointment of Permanent Guardian 

for the Person and Estate of Joe Ann McKissack (Cause No. 2-1219) and the Person and Estate of 

Bobby Wilson McKissack (Cause No. 2-1220) in Taylor County be abated pending final resolution 

of Cause No. C2017-1496C in the 274th Judicial District Court of Comal County, Texas or until 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 5 of 7 
further notice of this Court. 

THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED: 

1. That Defendants, Defendants' officers, agents, servants, employees, successors 

and assigns, and attorneys are hereby ORDERED to cease and desist from 

filing or pursuing any actions or claims outside of the 274th Judicial District 

Court of Comal County, Texas that are based on, related to, or otherwise 

pertaining to the personal or marital estate of Joe Ann McKissack and Bobby 

Wilson McKissack; 

2. That Defendants, Defendants' officers, agents, servants, employees, successors 

and assigns, and attorneys are permanently enjoined and restrained from 

proceeding with the Applications for Appointment of Permanent Guardian for 

the Person and Estate of Joe Ann Mc Kissack (Cause No. 2-1219) and the Person 

and Estate of Bobby Wilson Mc Kissack (Cause No. 2-1220) in Taylor County; 

and 

3. The Applications for Appointment of Permanent Guardian for the Person and 

Estate of Joe Ann McKissack (Cause No. 2-1219) and the Person and Estate of 

Bobby Wilson McKissack (Cause No. 2-1220) in Taylor County be and are 

hereby ABATED pending final resolution of Cause No. C20 l 7-1496C in the 

274th Judicial District Court of Comal County, Texas or until further notice of 

this Court. 

IT IS FURTHER ORDERED that the clerk of the above-entitled court shall issue a writ 

of injunction in conformity with the law and the terms of this order; this writ of injunction shall be 

effective immediately; and, by agreement of the parties, the requirement of a bond is waived and 

ORDER ON PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 6 of 7 
attorney's fees incurred by Steve McKissack are waived only for the purpose of the hearing held 

on November 2, 2017. 

"/q /1-::;- . I . 

SIGNED and ENTERED on -ttr /t) ~ at 8: 3ll 

APPROVED AS TO FORM: 

Robert Wagstaff 

Attorney for Defendants 

PRESIDfNG JUDGE 

L.M. 

ORDER ON PLAINTIFF'S AP PUCA TION FOR TEMPORARY RESTRAINING ORDER & ANTI-SUIT 

INJUNCTION 

Page 7 of 7 
------ 

NO. C2017-1496C 

STEPHEN MILLER MCKISSACK § IN THE DISTRICT COURT 

Plaintiff, § 

§ 

V. § 

§ 

BOBBY WAYNE MCKISSACK, § 

INDIVIDUALLY AND AS CO-AGENT AND § 

ATTORNEY IN FACT FOR JOE ANN § 274th JUDICIAL DISTRICT 

MCKISSACK AND BOBBY WILSON § 

MCKISSACK, AND ERIC MCKISSACK, § 

INDIVIDUALLY AND AS CO-AGENT AND § 

ATTORNEY IN FACT FOR JOE ANN § 

MCKISSACK AND BOBBY WILSON § 

MCKISSACK, § 

De~ndantL § OF COMAL COUNTY, TEXAS 

AGREED TO TEMPORARY IN.JUNCTION 

On this day the above-styled and numbered case came on for consideration before the 

Court. Plaintiff has applied and given bond for a temporary injunction in this cause, and all 

parties agree that the injunction issue. 

IT IS THEREFORE, AGREED AND ORDERED AS FOLLOWS: 

BOBBY WAYNE MCKISSACK, INDIVIDUALLY AND AS CO-AGENT AND 

ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK 

and ERIC MCKISSACK, INDIVIDUALLY AND AS CO-AGENT AND ATTORNEY IN 

FACT FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK are cemmaRaed 

r-v=;.~ 

t-e-4-mmecliatety desist and 1eftain fte>ffl from committing any acts of violence or threatening to 

commit any acts of violence against Stephen Miller McKissack, lih,caa ~4eKissaek, er .Alisha. 

~4GKisSt'l'ek; from coming within 200 feet of Stephen Miller McKissack, B1yan McKissack, or 

Alisha McKissaek; from making any contact with Stephen Miller McKissack, 8rya.t:1 MeKissuek, 

.or Alisha MeKissaek; from entering the property located at 
.------------------

- --· -- -

-; from coming within 200 foet of ; 

l'\oi"w ;_"""._.,._..l, ""S ~b .. • ,- p..,..,u. ... l.-~ -f- "' .c.,·,~ ~ ~ ~ _/ 

from directly or indirectly using~ selling, or entering into any transactions relative to the personal or 'j)J_ 

marital estate of Joe Ann McKissack and Bobby Wilson McKissack or making any sort of use of the ~ 

~~f,....R..;. hp~ I \ 

accounts or funds1 associated with the personal or marital estate of Joe Ann McKissack and Bobby 

Wilson McKissack; from taking any action that would be detiimental to the personal or marital 

estate of Joe Ann McK.issack and Bobby Wilson McK.issack: and, from causing any ittrthcr 

damage>{ or waste to the personal or marital estate of Joe Ann McKissack and Bobby Wilson 

McKissack. 

SIGNED and ENTERED on 

PRESIDING JUDGE 

AGREED AS TO FORM AND SUBSTANCE: 

al!:: J~------

Attomey for Plaintiff 

Ro~ 

Attorney for Defendants 
AFFIDAVIT OF ERIC McKISSACK 

COUNTY OF TAYLOR 

STATE OF TEXAS 

§ 

§ 

§ 

BEFORE ME, the undersigned official, on this day appeared ERIC McKISSACK, 

who is personally known to me, and after first being duly sworn according to law under oath 

deposed and stated: 

"My name is ERIC McKISSACK. I am over the age of 18 years, I am a resident of 

Taylor County, Texas, and I am fully capable of making this affidavit. I have personal 

knowledge of the facts stated herein and they are true and correct. 

"I am the grandson of BOBBY WILSON McKISSACK ("BOB") and JOE ANN 

McKISSACK ("JOE ANN"). 

"On November 8, 2016, JOE ANN executed a Durable Power of Attorney naming 

Affiant and BOBBY WAYNE McKISSACK ("BOBBY")-JOE ANN's son-as coagents. On July 18, 2017, BOB executed a Durable Power of Attorney naming Affiant and 

BOBBY-also his son-as co-agents. 

"Steadily for some time, BOB's physical and mental condition has declined. Since 

September 2017, JOE ANN's physical and mental condition has likewise declined. 

"In February 2017, BOB and JOE ANN moved from Pearsall, Frio County, Texas to 

Abilene, Taylor County, Texas. BOB and JOE ANN moved into Lyndale Abilene, a senior 

care facility located in Abilene, Texas ("Lyndale"). Affiant and Affiant's wife, KAMI 

McKISSACK ("KAMI") assumed responsibility for assisting with the care for BOB and 

JOE ANN following their move to Abilene. 

"BOB and JOE ANN moved to Abilene because they needed daily assistance with 

their health care ( e.g. physician visits, travel to and from dialysis treatments, administration 

of medication), and with management of their property and finances, including but not 

limited to payment of regular monthly bills and expenses. Affiant and KAMI provided the 

bulk of that assistance. For example, Affiant would drive BOB to and from his Friday 

dialysis appointments, KAMI would drive BOB and JOE ANN to their doctor's 

appointments, and KAMI would assist with the payment of BOB and JOE ANN's regular 

monthly bills. 

"On or about August 29, 2017, BOB and JOE ANN's son, STEPHEN McKISSACK 

("STEPHEN"), filed suit in Comal County and obtained a temporary restraining order 

against BOBBY and Affiant, in both their individual capacities and as agents under the 

Durable Powers of Attorney, alleging tortious interference with contract, intentional 

infliction of emotional distress, and other bad acts. An agreed temporary injunction was 

entered on October 18, 2017, and at that time BOB and JOE ANN's grandson, BRYAN 
McKISSACK ("BRYAN") assumed responsibility for managing the property and finances 

of BOB and JOE ANN. When BRYAN took control, Affiant and KAMI prepared a detailed 

folder with instructions on business matters for BOB and JOE ANN, including but not 

limited to lists of accounts, bills to be paid, and other similar and pertinent information. 

Shortly after it was given to BRYAN, that same folder was found in 808 and JOE ANN's 

apartment with numerous unaddressed, but stamped, envelopes inside. According to JOE 

ANN, these were left for her to mail to pay bills. JOE ANN could not see sufficiently 

enough to address envelopes, which made her frustrated and concerned. 

"Sometime in late September 2017, BOB and JOE ANN were removed from 

Lyndale by BRYAN, and taken to Pearsall, Texas. On information and belief, BRYAN took 

808 and JOE ANN to an attorney in New Braunfels and had 808 and JOE ANN execute 

what are believed to be new Durable Powers of Attorney appointing BRYAN as their agent. 

The execution of these documents has not been confirmed, although copies have been 

requested on multiple occasions. 

"While visiting with BOB and JOE ANN following their return to Abilene, Affiant 

was told by JOE ANN that she and BOB 'signed some papers' that BRYAN had prepared 

for them. JOE ANN could not recall what papers were signed, although she believed one of 

the documents was a Will. JOE ANN also said she had not requested that any papers be 

prepared, and she did not know the lawyer who met with them. JOE ANN told Affiant that 

she did not like the person that gave them the papers to sign. 

"On October 12, 2017, BOBBY filed an Application for Guardianship of the Person 

and Estate of BOB and JOE ANN. In support of the guardianship applications, BOBBY also 

filed Physician's Certificates of Medical Examination completed by Vince Van Aght, MD, 

and dated October 17, 2017. Dr. Van Aght, who was and is the primary care physician for 

BOB and JOE ANN, certified in both evaluation forms that BOB and JOE ANN were 

totally incapacitated and in need of a guardian. 

"On October 30, 2017, STEPHEN filed a Motion in the Comal County litigation 

claiming that the filing of the guardianships violated the temporary injunction entered in that 

case, and asking the court to enter an anti-suit injunction to "stay" the guardianship 

proceedings. The Comal County district court granted the anti-suit injunction, and that 

matter is now on mandamus appeal. The guardianships in Taylor County remain on hold 

pending the outcome of the appeal. 

"In the meantime, BOB and JOE ANN's physical and mental health, and their 

property and finances, continue to be jeopardized by BRYAN and/or STEPHEN. On 

numerous occasions in the past three months, 808 or JOE ANN have placed emotional and 

panicked phone calls to Affiant, BOBBY or KAMI because they have been told that 'they 

have no money' or that Affiant, BOBBY or KAMI have 'stolen their property or money.' 

Each time, Affiant and KAMI have reassured 808 and JOE ANN that what they have been 

told is not true. 
"Since moving to Abilene, Affiant or KAMI have handled nearly 100% of the care 

needs for BOB and JOE ANN. On only two occasions has BRYAN, or his wife ALISHA 

McKISSACK ("ALISHA") offered to provide any assistance. The first time, Affiant and 

KAMI left town for a weekend on a family vacation. We asked BRYAN or ALISHA to help 

take BOB to dialysis. Neither BRYAN nor ALISHA would take BOB, but ALISHA instead 

arranged for a 'nurse friend' to take him to the appointment. When KAMI asked for the 

friend's contact information so that she could inform her as to the routine, ALISHA replied 

that it was unnecessary because the nurse 'was a professional and could handle it.' ALISHA 

eventually provided the contact information after Affiant and KAMI refused to leave town 

without first being able to at least confirm the friend's identity and do our due diligence to 

assure BOB's safety around ALISHA's friend. The second time Affiant and KAMI left 

town, again for a family trip, BRYAN took BOB to his dialysis appointment. When Affiant 

and KAMI returned, BRYAN advised that he would never help BOB or JOE ANN again. 

"Since assuming control, BRYAN has failed to properly manage the business and 

financial affairs of BOB and JOE ANN. Specifically, the homeowner's insurance on their 

home in Pearsall almost lapsed for nonpayment. When notified by the insurance company, 

Affiant personally paid the premium so that the insurance would remain in place. Further, 

BOB and JOE ANN's property taxes on their property in Comal and Frio Counties are 

delinquent. The Frio County taxes were to be paid in full upon the sale of BOB and JOE 

ANN's home in Pearsall. However, the lawsuit filed by STEPHEN blocked any effort to sell 

that property, and the taxes remain unpaid to date. The property provides no useful value to 

BOB and JOE ANN's estate, as it is solely a liability and should be liquidated to cover the 

costs of their care. 

"Further, BRYAN has accused Affiant and KAMI of stealing property belonging to 

BOB and JOE ANN. Specifically, BRYAN told BOB and JOE ANN during a visit in 

November 2017 that a royalty check was missing, and either Affiant or KAMI must have 

stolen it. This accusation angered BOB, who demanded answers from Affiant and KAMI, 

neither of whom knew anything about the royalty check. Later, the same royalty check that 

BRYAN accused Affiant or KAMI of stealing was located under a placemat on the dining 

table in BOB and JOE ANN's apartment. 

"Finally, on or about December 12, 2017, BOB and JOE ANN informed Affiant and 

BOBBY that they were moving back to Pearsall and would find someone there to care for 

them; that they could not afford to stay at Lyndale because it was too expensive; that they 

would hire a moving company or rent a truck or get BRYAN to help them move; and that 

BOB was upset because they could never get the 'western channel on the big television in 

the living room.' 

"It is not safe or in the best interest of BOB or JOE ANN to move from Lyndale, 

where they receive appropriate care and oversight. It is especially not in the best interest of 

BOB or JOE ANN to move from Lyndale without any sort of plan in place for their 

protection or safety. Moving from Lyndale could put the health or safety of BOB or JOE 

ANN in immediate jeopardy. 
"In Affiant's opinion, it is not in the best interest of BOB or JOE ANN to manage 

their own property or finances, or to have BRYAN manage their property or finances, 

because of the incidents referenced herein which have or could have caused damage to their 

estates. 

Further, Affiant sayeth not. 

ERIC McKISSACK, Affiant 

SUBSCRIBED AND SWORN TO BEFORE ME, on the 

December, 2017, to which witness my hand and seal of office. 

SARAH A. MCGRAW 

Notary ID # 125090435 

My Commission Expires 

October 18, 2020 Notary Public, State of Texas 

day of 
AFFIDAVIT OF KAMI McKISSACK 

COUNTY OF TAYLOR 

STATE OF TEXAS 

§ 

§ 

§ 

BEFORE ME, the undersigned official, on this day appeared KAMI McKISSACK, 

who is personally known to me, and after first being duly sworn according to law under oath 

deposed and stated: 

"My name is KAMI McKISSACK. I am over the age of 18 years, I am a resident of 

Taylor County, Texas, and I am fully capable of making this affidavit. I have personal 

knowledge of the facts stated herein and they are true and correct. 

"I am the granddaughter-in-law of BOBBY WILSON McKISSACK ("BOB") and 

JOE ANN McKISSACK ("JOE ANN"). I am the wife of BOB and JOE ANN's grandson, 

ERIC McKISSACK ("ERIC"). 

"I have a close personal relationship with BOB and JOE ANN, and have been 

intimately involved in their personal care and business affairs since they moved to Abilene 

in February 2017. I have done this at their request, and to assist my husband and his uncle, 

BOBBY WAYNE McKISSACK ("BOBBY"), who are BOB and JOE ANN's agents under 

Durable Powers of Attorney. 

"In February 2017, BOB and JOE ANN moved from Pearsall, Frio County, Texas to 

Abilene, Taylor County, Texas. BOB and JOE ANN moved into Lyndale Abilene, a senior 

care facility located in Abilene, Texas ("Lyndale"). The move was made necessary because 

BOB and JOE ANN's health, well-being and safety were of growing concern. Before the 

move, JOE ANN was still driving although she had been rendered legally blind by macular 

degeneration. Neither BOB nor JOE ANN were taking their medications correctly or 

regularly. JOE ANN would misplace personal items, and then accuse her housekeepers of 

stealing them. BOB and JOE ANN's son, STEPHEN McKISSACK ("STEPHEN") would 

come by their home and take items that did not belong to him. 

"Once they were in Abilene, BOB and JOE ANN stabilized. Affiant and ERIC 

assumed primary responsibility for meeting their needs, doing almost 100% of the work not 

offered or provided by Lyndale. Affiant and ERIC bought groceries and toiletries for them, 

took them to the doctor and to dialysis appointments, did their laundry and other chores. 

Affiant and ERIC also assisted with property management and bill payment. 

"Following the move, finances were tight for BOB and JOE ANN, so a decision was 

made to sell the residence in Pearsall, Frio County, Texas, to provide some financial 

breathing room and pay off delinquent ad valorem taxes in Frio and Comal County. That 

plan was not able to be carried out, however, because of the lawsuit filed by STEPHEN in 

Comal County. 
"Following the filing of the lawsuit, BRYAN McKISSACK ("BRYAN"}-

STEPHEN's son and ERIC's brother-asswned responsibility for managing the property 

and finances of BOB and JOE ANN. When BRYAN took control, he was provided with a 

detailed folder listing instructions on business matters for BOB and JOE ANN, including 

but not limited to lists of accounts, bills to be paid, and other similar and pertinent 

information. Shortly after it was given to BRYAN, that same folder was found in BOB and 

JOE ANN's apartment with nwnerous unaddressed, but stamped, envelopes inside. 

According to JOE ANN, these were left for her to mail to pay bills. JOE ANN could not see 

sufficiently enough to address envelopes, which made her frustrated and concerned. 

"BOB and JOE ANN's physical and mental health has declined sharply since the 

litigation began. The relationship of the family, likewise, has deteriorated. JOE ANN is 

prone to crying fits and gets confused very easily. BOB gets angered and upset by the 

arguments and allegations. Regularly, after visits from BRYAN or with STEPHEN, JOE 

ANN will call very upset and express that she feels like 'a stupid woman' and asking 

Affiant 'why she does the things' that BRYAN and STEPHEN ask her to do. 

"JOE ANN has asked Affiant why she no longer pays bills or takes care of things for 

them. When told that BRYAN must handle those things now due to the litigation, JOE ANN 

expresses that she does not want BRYAN to handle her affairs, because 'he knows nothing 

about us.' 

"Since assuming control, BRYAN has failed to properly manage the business and 

financial affairs of BOB and JOE ANN. Specifically, the homeowner's insurance on their 

home in Pearsall almost lapsed for nonpayment. When notified by the insurance company, 

Affiant and ERIC personally paid the premiwn out of our own pocket so that the insurance 

would remain in place. BOB and JOE ANN have complained that they are often without 

snacks, groceries or hygiene and health products. It is Affiant's understanding that BRYAN 

in in possession of BOB and JOE ANN's credit card, but has not used it to provide them 

with all of the things that they need. As a result, Affiant and ERIC have given them these 

items and personally paid for them. 

"BRYAN has accused Affiant and ERIC of stealing property belonging to BOB and 

JOE ANN, which is not true. These allegations only upset BOB and JOE ANN. On 

information and belief, BRYAN has taken BOB and JOE ANN to see doctors that are not 

their primary care physician, and BOB and JOE ANN have expressed that they do not want 

to see other doctors. 

"It is not safe or in the best interest of BOB or JOE ANN to move from Lyndale, 

where they receive appropriate care and oversight. It is especially not in the best interest of 

BOB or JOE ANN to move from Lyndale without any sort of plan in place for their 

protection or safety. Moving from Lyndale could put the health or safety of BOB or JOE 

ANN in immediate jeopardy. 

"In Affiant's opinion, it is not in the best interest of BOB or JOE ANN to manage 

their own property or finances, or to have BRYAN manage their property or finances, 
because of the incidents referenced herein which have or could have caused damage to their 

estates. 

Further, Affiant sayeth not. 

SUBSCRIBED AND SWORN TO BEFORE ME, on the 

December, 2017, to which witness my hand and seal of office. 

SARAH A. MCGRAW 

Notary ID # 125090435 

My Commission Expires 

October 18, 2020 Notary Public, State of Texas 

day of