LITEMS' MOTION MOTION FORENTRY FOR ENTRYOF JUDGMENT OFJUDGMENT ON BINDING ON BINDING NON- NON- REVOCABLE REVOCABLE SETTLEMENT SETTLEMENT AGREEMENT AGREEMENT PURSUANT PURSUANT TOSECTION 1055.1S1(C) TO SECTION 1055.151(C) wi OFTHE OF THETEXAS TEXASESTATES CODE ESTATES CODE N. TO THE TO THE HONORABLE HONORABLE LOYD LOYD H. WRIGHT: H.WRIGHT: COMENOW, COME NOW, JILL YOUNG, JILLYOUNG, actingin acting inher as Guardian her capacity as Guardian A Litem forthe AddLitem for the person person andestate and ofRuby estateof S.Peterson Ruby S. andW. Peterson (deceased) and W.R USS RUSS JJONES, ONES, acting acting inhiscapacity in his capacity as as Attorney Attorney AdLitem Ad forthe Litem for person the person and ofRuby andestate of Ruby S Peterson (deceased), S..Peterson and file this (deceased), and this their their ADLITEM'S AD MOTION LITEM'S MOTION FOR FOR ENTRY ENTRY OFJUDGMENT OF JUDGMENTON BINDING ONBINDING NON-REVOCABLE NON-REVOCABLE SETTLEMENT AGREEMENT SETTLEMENT PURSUANT AGREEMENT PURSUANT TOSECTION OF THE T TO SECTION 1055.151(C) OFTI-IE EXAS TEXAS ESTATES ESTATES CODE, CODE, andin and support in support would thereof, would rrespectfully espectfully show unto the show unto the Court thefollowing: the following:
J. BACKGROUND 1. 1. Peterson, MackPeterson, Plaintiffs Mack andLonny DonPeterson and Don Peterson aand Lonny Peterson their counsel, PhilRoss, ndtheircounsel, Phil Ross, Defendants Defendants CarolAnn Carol Manley AnnManley and David andDavid Peterson Peterson and their and counsel, their counsel, SarahPacheco, Sarah Pacheco,and and the Movant the Movant Ad Litems Ad Litems forthe for person and the person and estate of Ruby S estate ofRuby JillYoung S..Peterson, Jill YoungandW. and W. Russ Jones RussJones attended attended mediation mediation before before the Honorable the Honorable Jim Scanlan Jim Scanlan October onOctober on 29, 29, 2 014. 2014. 2. 2. At mediation, At theparties mediation, the reached parties reached mediated aamediated settlement settlement agreement agreement (MSA), (MSA), subject subject to to approval approval bythis by this Court (See attached (Seeattached Exhibit Exhibit Awhich A which is herein isincorporated herein byreference by reference
asififset as verbatim). forthverbatim). setforth
Silverado Appx. 0613 No. 1-15-586-CV 3871 3. 3. on November Thereafter, on 7,2014, November 7, the Court authorized, 2014, the authorized, ratified and and approved theMSA the MSA andits and itsexecution by bymovants movants behalf onbehalf on ofRuby of S.Peterson, Ruby S. as being Peterson, as being iinnthebest interest the best interest
oftheproposed of the proposed ward andher ward and herestate. estate. 14. atatpage 5. pageS. 'N II. BINDING NON-REVOCABLE AGREEMENT PURSUANT TO C SEC 1055.151 TEXAS ESTATES CODE SECTION 1055,151 4. 4. anintegral part oftheMSA, Asan As allparties of the MSA, all parties agreed, in that tthe in writing, that hemediated settlement agreement agreement was BINDING was BINDING AND NON-REVOCABLE ANDNON-REVOCABLE pursuant Section toSection pursuant to 1055.151 1055.151 of of the the Texas Estates Estates Code. Code. Id. at atpage 3. page3. 0 5. 5. Inprominently displayed, bold In prominently displayed, face,20 bold face, 20 pt., allcaps pt., all capsttypeface, ypeface, the the agreement agreement states: states:
PARTIES THEPARTIES THE AGREE AGREE THAT THIS THAT THIS AGREEMENT AGREEMENT SHALL SHALL BEABINDING BE A BINDING NONREVOCABLE NONREVOCABLE AGREEMENT AGREEMENT