1

NO. 01-14-01030-CV 

IN THE 

FIRST COURT OF APPEALS 

AT HOUSTON, TEXAS 

______________________________________ 

TARRIS WOODS 

-AppellantVERSUS

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 

ACCEPTED

01-14-01030-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/17/2015 4:48:07 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/17/2015 4:48:07 PM CHRISTOPHER A. PRINE Clerk
2

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) 
3

 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 coadministrators 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 coadministrators 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 
4

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 

 
5

 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