UNDER UNDER THE TEXAS E STATES CODE SECTION THE TEXAS ESTATES CODE SECTION 1055.151 1055.151 ISNOT ANDIS AND SUBJECT NOT SUBJECT TO TO REVOCATION BYTHE PARTIES. REVOCATION BY THE PARTIES. 6. Thenon-revocation statement fullycomplies complieswith the requirements ofSection 6. The non-revocation statement fully with the statutory statutory requirements of Section 1055.15 1055.151(b) because the 1(b)because agreement: the agreement: (1) inaa prominently displayed statement (1)provides, in statement thatisinboldfaced that underlined, orunderlined, is in boldfaced typed, or thatthe that agreement is not subject the agreementnot to revocation subject to revocation
bytheparties; by (2)is signed the parties; (2) signedby byeach each party theagreement; tothe party to agreement; and(3) and bythe (3) is signed by the
attorney, party's attorney, whois present any,who if any, present at thetime atthe time the agreement the agreement issigned. is signed. 7. 7. Sincetthe Since henonrevocation statement nonrevocation statement oftheMSA of meets a the MSA meets allllthe the statutory requirements requirements of of Section1055.151(b), Section 1055.151(b),"a is entitled to judgment on "a party is themediated on the mediated settlement 11, Texas Rules ofCivil Procedure, oranother rule agreement notwithstanding Rule 11. Texas Rules of Civil Procedure, or another rule [Emphasis of law." [Emphasis added.] added.] SeeTexas EstatesC See Texas Estates odeSection Code 1055.151 Section 1055.151 ((c). c).
Silverado Appx. 0614 No. 1-15-586-CV 3872 ·
8. 8. Therefore, Therefore, Defendants CarolAnn Defendants Carol Manley AnnManley and and David Peterson andthe Peterson and theguardianship estate estate ofRuby of S.Peterson Ruby S. Peterson are entitled are entitled tojudgment to judgment on themediated onthe mediated settlement agreement
pursuant to Section to Section 1055.15l(c) 1055.151(c) ofthe of Estates the Texas Estates Code, Code, forwhich for which they respectfully theyrespectfully
. pray and forwhich prayand for which tthe heAdLitems Ad Litems jointly jointly m ovetthe move heCourt. Acopy Court. A oftheproposed copyof the proposed Final
Judgment Judgment containing containing thematerial the material terms oftheMSA terms of isattached the MSA is heretoas attached hereto ExhibitB, asExhibit B,and and isincorporated herein byreference asifsetforth verbatim. is incorporated herein by reference as if set forth verbatim. WHEREFORE, WHEREFORE, PREMISES PREMISES CONSIDERED, JILL YOUNG, JILLYOUNG, actingin acting inhercapacity as her capacity as AdLitem Guardian Ad forthe Litem for person the person and estateooffRuby andguardianship estate Ruby S.Peterson, and W. S. Peterson, and W. R USS RUSS JONES, acting JONES, acting inhiscapacity in Attorney asAttorney his capacity as Ad Litem forthe AdLitem person a for the person ndguardianship and estate o guardianship estate off RubyS. Ruby S.Peterson, respectfully Peterson, respectfully request that, request afterddue that, after notice, theCourt uenotice, the Court to signand to sign andenter enter tthe he attached attached FinalJudgment Final Judgmentinthis in cause; this cause; andfor and forsuch further such further general relief; general or special, orspecial, atlaw at or in law or in equity, equity, to which to which tthey heymay show themselves may show themselves justly justly entitled and forwhich entitled and for which tthey heyshall shalliinnduty duty bound bound forever forever pray. pray. 'Respectfully
Respectfully submitted, submitted,
UNDERW0D,JONES&SCHERRER, UNDERWO I D, JONES & SCHERRER, P.L.L.C.By: P.L.L.C.