the and the Court granted the
motionin motion becausethe errorbecause in error theallegations, takenas allegations, taken togetherwith true,together astrue, withinferences inferences
reasonably reasonably drawnfrom drawn from thementitlethe Plaintiffstto them entitle the Plaintiffs o the reliefsought,and the relief sought, and
additionally additionally alternatively, Plaintiffs' andalternatively, and cause ofaction Plaintiffs' cause of action has a basisinfactbecause has a basis in fact because
reasonable aa reasonable person could person believe thefactspleaded. could believe TheOrder the facts pleaded. The Order was and notfinal and wasnot appealable appealable becauseititdid because disposeof notdispose did not ofallparties andclaims. all parties and claims.
OnDecember On 3,2014, December 3, Silverado 2014, Silverado filed 91aMotion filedaa 91a Dismiss toDismiss Motion to Plaintiffs' Plaintiffs'
Sole Remaining C SoleRemaining Breach of laimBreach Claim Trust and/or Breach of of Trustand/orBreach of Fiduciary Fiduciary Duty. On Duty. On
December December 4, 2014,Plaintiffs 4, 2014, Plaintiffs timely theirFifthAmended timelyfiled their Fifth Amended Petition, which Petition,which addedtwo added twonew newplaintiffs individually plaintiffsindividually aand nd as ofRuby nextfriends of as next RubyPeterson. Peterson. Silverado Silverado did objectto notobject did not ofthe thefiling of to the amended p the fifth amended etition. petition.
Silverado Appx. 0479 No. 1-15-586-CV 3769 OnDecember the 9,2014, held butdidnotconsider ahearing the On December 9, 2014, the Court held a hearing but did not consider the
supplement supplement to Silverado's to Silverado's application for for an awardof an award of attorney's feesalleging attomey'sfees alleging aa
request dismissan request ttoo dismiss additional anadditional claimthat claim thatwas included notincluded wasnot initsprevious in motion its previous motion
fordismissal, for whichwas dismissal, which wasfiled on the filed on same d the same ay.The day. ruledthat The Court ruled thePlaintiffs thatthe would would have have until until December December 16,2014 16, 2014 their tofile their to objections objections Silverado's toSilverado's to motion motion
9laaward forRule fees. ofattorney's for Rule 91a award of attorney's fees.
Therefore, Therefore, Plaintiffsrespectfully Plaintiffs respectfullysubmit submit tthat hatSilverado Silverado waived objection waivedobjection to to
thefilingoftheir the amended filing of their fifth amended petition;that petition; Silverado h thatSilverado asnot has filedan not filed ananswer to answer to
their fifth amended p theirfifthamended etitionor petition motionto oraa motion dismissthe todismiss amended thefifth amended petition; petition; and and
Silverado's motion thatSilverado's that motion forRule91adismissal of the for Rule 91a dismissal of thefourthamended petitionis fourth amended petition is moot.Additionally moot.
alternatively, Plaintiffs andalternatively, Additionally and Plaintiffs respectfully submitthat respectfully submit Silverado's thatSilverado's motionfor motion for dismissal dismissaland application ffor andapplication or an awardof an award of attorney's feesshould attomey'sfees be should be
deniedbecause denied becausethe thePlaintiffs' allegations, Plaintiffs' allegations, taken taken as togetherwith true,together as true, withinferences inferences
drawn from them entitlethe reasonablydrawnfromthem reasonably Plaintiffstto entitle the Plaintiffs o the reliefsought,and the relief sought, and
additionally additionally alternatively, Plaintiffs' andalternatively, and cause ofaction Plaintiffs' cause of action has basisinfactbecause has aa basis in fact because
reasonable aa reasonable couldbelievethe personcould person factspleaded. believe the facts Furthermore, pleaded. Furthermore, Plaintiffs' Plaintiffs'
pleadings, pleadings, taken togetherwith true,together taken as true, withreasonable inferencesdo reasonable inferences do not support notsupport
Silverado Appx. 0480