and Plaintiffs' Peterson and Carol Manley and joined Plaintiffs' spouses CarolandTonyaPeterson spouses Carol and Tonya Peterson individuallyandasnext individually andas friends ofRuby next friends of Ruby Peterson.' 2. InPlaintiffs latestpleading, CarolPeterson andTonyaPeterson nowattempt to assertthe 2. In Plaintiffs latest pleading, Carol Peterson and Tonya Peterson now attempt to assert the following causesofactionasnextfriendsofRubyPeterson: false assaultand following causes of action as next friends of Ruby Peterson: false imprisonment; assault and duty;and breachoftrustandbreachoffiduciary Carol Additionally, battery; breach of trust and breach of fiduciary duty; and conspiracy.2 Additionally, Carol
On withtheCourtandincorporated byreference asifsetoutfullyherein. On file with the Court and incorporated by reference as if set out fully herein. 2 SeePlaintiffs' Fifth Amended Petition. See Plaintiffs' Fifth Amended Petition.
4841-3975-3249.1
Silverado Appx. 0507 No. 1-15-567-CV 1525 Peterson and Peterson and Tonya Tonya P eterson Peterson all claimsindividually assertallclaims againstSilverado individuallyagainst withtheexception Silveradowith the exception
of assault andbattery. ofassault and battery.
3. Don 3. Peterson, Mack Don Peterson, Mack P eterson Peterson andLonny andLonnyPPeterson eterson assertthefollowing assert the followingcauses of actionaagainst causesofaction gainst Silverado in their iindividual Silverado intheir ndividual capacities despitethefact capacities hattthat the facttthat hatthese theseccauses auses weredismissed were dismissedon on
November November 1 2014: false imprisonment and 0,2014:falseimprisonment 10, Notably,Don and conspiracy.3 Notably, Peterson, M DonPeterson, ack Mack
Peterson aand Peterson ndLonny Peterson cchose Lonny Peterson hoseto non-suittheir voluntarilynon-suit tovoluntarily theirsoleindividually survivingclaim sole individuallysurviving claim
breach o -- breach offtrust breachooff fiduciaryduty. nd/orbreach trust aand/or duty.
4. Silverado 4. hereby w Silverado hereby ithdraws withdraws the pendingRule thepending Rule91a Motion 91a Motionto Dismisssolely toDismiss stotoDon solelyaas DonPeterson, Peterson,
Mack Peterson, Mack Peterson's individual and LonnyPeterson's Peterson,andLonny individualclaims.SeeTEX. R. Civ.P.91a5(b)(c). claims. See TEX.R. P. 91a5(b)(c). SUPPLEMENT SUPPLEMENT PETITION AMENDED FIFTH AMENDED PETITION
As ratified bby 5. Asratified 5. the Courtand ytheCourt expressly agreed bytheparties,theonlypersonswith standingto with standingto and expressly agreed by the parties, the onlypersons
bring claims bring claims oonnbehalf behalf o offRuby Ruby Peterson Petersonare CarolManley and/orDavid Newly are Carol Manley and/or David Peterson.4 Newly joinedPlaintiffs joined Plaintiffsttake aketheposition thattheyhavestandingtobringclaims the position that they have standingto bring claimson RubyPeterson's on Ruby Peterson's behalf s they behalf aas are not they are in agreement not in agreement withthesettlement andbelievethatall ofRuby with the settlement and believe that all five of Ruby Peterson's children (includingtheirhusbands)andtwoadlitems Peterson's children (including their husbands) and "havefailedrrefused ad !items "have failedoor refusedto to assert validclaims nher Tosupport thisallegation, Plaintiffs globally allegethatCarol valid claims oon her behalf."5 To support this allegation, Plaintiffs globally allege that Carol Manley andDavidPeterson "exceeded theirauthority and/orabusedtheirpowers" as Ruby Manley and David Peterson "exceeded their authority and/or abused their powers" as Ruby Peterson's "theywantedher to beforced agents, "they wanted her to Peterson's agents, to takemedication thatshe mayotherwise be forced to take medication that shemayotherwise
SeeNovember 10,2014Orderdismissing claimson withtheCourtand 3 See November 10, 2014 Order dismissing claims on file with the Court and incorporated byreference as if setoutfullyherein. See also,Plaintiffs' Amended Petition. incorporated by reference as if set out fully herein. See also, Plaintiffs' Fifth Amended Petition. OrderGranting Authority forGuardian AdLitem&Attomey AdLitemtoExecute 4 See Order Granting Authority for Guardian Ad