however, Plaintiffs refusal refusalto voluntarilynonsuit tovoluntarilynonsuitthe causeoof thecause actionaand/or faction nd/orclarify clarify
their their p osition position necessitates necessitatesthis this filing.4 4. Silverado files 4. Silverado filesthisMotion this Motiontto Dismisswithin oDismiss withinssixty ixtydays of the dateDefendant daysofthedate Defendantwas was served
with the amended p withtheamended leading.TEX. pleading. TEX.R.CIV. P.91a.3(a) R. Civ.P. 91a.3(a) UNDISPUTEDMATERIALFACTS UNDISPUTEDMATERIALFACTS
5. Ruby 5. Peterson is Ruby Peterson of SilveradoSenior residentofSilverado is aaresident SeniorLiving, Living,Inc. /b/aSilverado SeniorLiving Silverado Senior Living
Sugar L Sugar and. Land. 6. RubyPeterson executeddurablepowerooffattomey 6. Ruby Peterson executedaa durablepower infavorofCarolManley andDavid attorney in favor of Carol Manley and David Peterson. Thedurable Peterson. The durable p owerooff attomey power executedbyRubyPeterson infavorofCarol attorney executed by Ruby Peterson in favor of Carol Manley as ratifiedbythisCourt nrecommendation oftheappointed Manley andDavid and DavidPeterson Petersonw was by this Courtoon recommendation of the appointed guardianandattorney ad RubyPeterson examined by andcompetent guardian and attorney ad litem.5 Ruby Peterson was was examined byaa qualified and competent physician andwasdeclared tolack Any documents relied ponbyPlaintiffs Any documents relieduupon for by Plaintiffs for physician and was declared to lack capacity.6 alleged authority behalfofRubyPeterson which ereexecuted inlate2013 any alleged authoritytoact any on behalf of Ruby Peterson whichw to act on were executed in late 2013
10,2014onfileandinco oratedbyreference See9laOrderEnteredonNovember as set 3 See 91a Order Entered on November 10, 2014 on file and incorporated by reference as if set outfully herein. out fully herein. SeeExhibit A-3toSilverado's Application forAttomey FeesPursuant toRule9laOrder 4 See Exhibit A-3 to Silverado'swith Entered o nNovember 10, 2014on Application forandincorporated theCourt Attorney Fees Pursuant to Rule 91a byreference Order asif setout Entered on November 10, 2014 on file with the Court and incorporated by reference as if set out fullyherein. fully herein. First totheJurisdiction Plea Amended SeeDefendants' Amended &First Answer on withthe5 See Defendants' and First Amended Plea toifthe byreferenceas setoutJurisdiction & First Amended Answer on file fullyherein. with the Court and incorporated by reference as if set out fully herein. 6 1d
4835-7047-5552.1 4835-7047-5552 I
Silverado Appx. 0411 No. 1-15-567-CV 1497 afterRuby after Peterson Ruby Peterson hadbeen had declared been declared to lackcapacity were tolack expressly wereexpressly rejected rejected bythis by this
Court.7
7. addition, Plaintiffs Inaddition, 7. In recently Plaintiffs recently settled settled w ithCarol with Manley andDavid Carol Manley TheRule and David Peterson. The Rule11 ll N Agreement onfile Agreement on with theCourt filewith admits the Court admits andacknowledges: and acknowledges: a) the 1993 P a)the1993 Power ofAttorney owerof Attorney N remains inforceand remains in effect;b) force and effect; b)theNovember 2013revocation the November 2013 invalid;and, wasinvalid; revocation was and,c)asksthe c) asks the
Courtto Court to issue declaring issuefindings declaring thesame.8 the N Furthermore, 8. Furthermore, during during thecourse the course ofthe temporary of the temporary injunction injunction hearing hearing which which began began on July28, onJuly 28, 8. N N andlasted 2014and 2014 totaloffivedays, foraa total lasted for of five days, Carol Manley CarolManley underoath testified under thatall oaththat care all care
administered administered to Peterson RubyPeterson to Ruby bySilverado by Silverado Senior Living, SeniorLiving, Inc.d/b/a Inc. Silverado d/b/aSilverado Senior