lack wasdeclared totolack capacity.I3 Any Any documents documents relied relied u upon Plaintiffs for PonbbyYPlaintiffs allegedaauthority anYalleged for any uthority toact to act on behalfofRuby onbehalf of Ruby Peterson w Peterson hichwere which in late executedin were executed late2013 afterRub 2013 after Y Ruby Peterson hadbeendeclared Petersonhad been declared to lack to lack
9 See First Plea Amended Defendants' Jurisdiction. tothe See Defendants' First Amended Plea to the Jurisdiction. SeeFourth Amended See Fourth Amended Application Guardianship Original Original at Petition Petition andContest and Contest to to Guardianship Application at ¶87. Id. on filewith on file theCourt with the andincorporated byreference asififset Court and incorporated by reference as setout fullyherein. out fully herein. First Defendants' See Plea &First totheJurisdiction Amended Answer Amendedon 12 See Defendants' First Amended Plea to the Jurisdiction & First Amended Answer on filewith file theCourt with the andincorporated Court and byreference incorporated by asififset reference as setout fullyherein. out fully herein. 13Id
4835-7047-5552.1
Silverado Appx. 0414 No. 1-15-567-CV 1500 expressly rejected were expressly capacity were rejected bythis Plaintiffs by this Court." Furthermore, Plaintiffs acknowledge nowacknowledge now
andadmit and admit that hepurported revocation that tthe revocation was was invalid.I5 The continued Thecontinued pursuit pursuit ofthis of causeooff this cause
actionisiswaste action ofjudicial wasteof resources judicial resources harassing. and harassing.
Standing 13.Standing 13. constitutional isaa constitutional is prerequisite prerequisite tofiling to 369 suit. Heckman v.v.Williamson Cty., 369 filingsuit. S.W.3d S. 137, 150 (Tex.22012). W.3d 137,150(Tex. 012).Generally, Generally, for havestanding, plaintiffttoo have fora plaintiff theremust standing, there beaa mustbe concrete concrete injuryto injury theplaintiff to the andaa real plaintiff and realcontroversy between controversy between tthe parties tthat heparties hatwillbe will be
resolved resolved bythe court.IId.d.at by the court. 154.AAcourt at154. court doesdoes not not have have jurisdiction jurisdiction claimby overaaclaim over byaa Cpl Subject jurisdiction isessential plaintiff whodoes plaintiff who does not avestanding nothhave to assert it. standing toassert it. Id. Subject matter matter jurisdiction is essential
totheauthority to ofaa court the authority of todecide courtto case andis a case decide a never presumed. and is never Tex.Ass'n presumed. Tex. ofBus. Ass'n of Bus. v. Tex. v.Tex. Air Bd.,852S.W.2d Air Control Bd., 440, 443-44 (Tex.1993).In 852 S.W.2d 440,443-44 orderto (Tex. 1993). In order adequately toadequately allegean allege an injuryforstanding injury for standing p urposes, purposes, aa plaintiff must s plaintiff must howthattheinjury show personal waspersonal that the injury was to the tothe plaintiff, plaintiff, thanaathird ratherthan rather party. H third party. eckman, Heckman, 369 S.W.3d 369S.W.3d at at 155. Plaintiff 155.Plaintiff hastheburden has to the burden to demonstrating hassubject jurisdiction. factsaffirmatively demonstrating that allegefacts allege that tthe hetrial courthas trial court matter subject matter jurisdiction.
Id. at446. Id. at 446.
14.As 14. those h Asthose olding holding thedurable power the durable power ofattorney of attorney confirmed and bythisCourt,CarolManley confirmed by this Court, Carol Manley and
David David Peterson Peterson a retheonly are personswith the only persons standing withstanding to to bring claimson bringclaims behalfof onbehalf ofRuby Ruby
Peterson. Peterson. Plaintiffs Plaintiffs have failed havefailed properly toproperly to plead factsw pleadfacts