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### NO. 01-14-01030-CV

IN THE FIRST COURT OF APPEALS AT HOUSTON, TEXAS

______________________________________ **TARRIS WOODS**

**-** Appellant V ERSUS **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

CLERK2 TO THE HONORABE JUSTIC ES 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 Visua lly 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 CharlesE. 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 CharlesE. 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 underlying4 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 Woods5 **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