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ORIGINAL
CAUSE NO. 153-232668-08
VIRGINIA 0. KINSEL, as Attorney-in- § IN THE DISTRICT COURT OF
Fact for J. Frank Kinsel, §
J. FRANK KINSEL, JR., Individually and §
CAROLE K. EDWARDS, Individually, §
§
Plaintiffs, § TARRANT COUNTY, TEXAS
§
w. §
§
JANE 0. LINDSEY, §
§
Defendant. § 153RD JUDICIAL DISTRICT
EMERGENCY MOTION TO DISSOLVE
TEMPORARY RESTRAINING ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now, JANE 0. LINDSEY, Defendant, and files this her Emergency Motion to
Dissolve Temporary Restraining Order, and in support thereof shows:
1. Plaintiffs filed their initial pleading ("Petition") in this cause on September 9,
2008 without notice to the undersigned counsel. Included in the pleading was a request for a
temporary restraining order ("TRO") against Defendant. This court granted the TRO without
notice to Defendant or to the undersigned counsel, thus giving rise to the availability of
emergency relief pursuant to TEX. R. CIV. P. 680.
2. In granting the TRO without notice to the undersigned counsel, this Court was
misled by counsel for Plaintiffs, William Kirkley. In the Petition, Mr. Kirkley stated on p~ 12
~·
(in a statement under the header "Certificate for Application for Relief Ex Parte") tha~e.§?d n~
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(" (...:) /'~ ~ l
know if Defendant was represented by counsel although he mentioned the Mr. Brari'y_qn's name _.,.,
("). ' ..-":.?;..';
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very prominently. Mr. Kirkley absolutely knew or should have known that4~.:~- de~e.d ;;;/;;t'
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Emergency Motion to Dissolve Temporary Restraining Order '·-
Page I
5296098v.l 133741/00001
counsel represented Defendant, and he could have easily confirmed that fact by calling Mr.
Branyon. Mr. Kirkley chose not to contact Mr. Branyon and failed to disclose prior
conversations with Mr. Branyon (regarding the same facts as alleged in the Petition) to the court.
Even the Petition discloses the representation; Exhibits A, C and D to the Petition clearly show
"Jackson Walker'' on the fax header to each page. Mr. Kirkley had requested and obtained said
exhibits from Mr. Branyon on September 3, 2008.
3. Had Mr. Kirkley complied with this court's local rules and allowed Mr. Branyon
to participate in the consideration of the TRO, Mr. Branyon could have explained why Plaintiffs
are entitled neither to a TRO or to any of the other relief requested in the Petition. Due to Mr.
Kirkley's actions, however, Mr. Branyon was not given that opportunity.
4. Pl3intiffs have sued Defendant in her individual capacity, alleging that she unduly
influenced Lesey B. Kinsel in executing one or more amendments to the Lesey B. Kinsel Trust
("Trust"). As an individual, Defendant has no authority whatsoever over the Trust or its assets.
Restraining her regarding trust assets is totally meaningless and ineffective.
5. The Trust is attached to the Petition as Exhibit A. Page 8 of the Trust states that
the Trustee of the Lesey B. Kinsel Trust was Lesey B. Kinsel, and Ms. Kinsel served in that
capacity until her death on August 22, 2008. Page 8 then states that Defendant became the
successor co-trustee. Plaintiffs have not sued Defendant in her capacity as Co-Trustee, and
Plaintiffs are therefore not permitted to receive any relief regarding the trust assets and possible
distributions even if all of the statements in the Petition are taken as true.
6. Plaintiffs have also misled the Court regarding their claims that Defendant's
alleged actions "'ill cause them irreparable harm because they will not be receiving a portion of a
ranch previously owned by Lesey B. Kinsel ("Kinsel Ranch"). However, nothing Defendant did
Emergency Motion to Dissolve Temporary Restraining Order Page2
5296098v.I !33741/0000!
or could do, whether in her individual capacity or as Co-Trustee of the Trust, could affect
Plaintiffs' alleged interest in the Kinsel Ranch for the sole reason that Lesey B. Kinsel sold her
interest in the Kinsel Ranch prior to death. The fact that the Kinsel Ranch was sold prior to
death is extremely damaging to all of Plaintiffs' claims and would have been highly material to
this Court's com:ideration of the request for a TRO. For reasons unknown, Plaintiffs and their
attorney chose to keep this valuable information to themselves.
6. Attached hereto as Exhibit A, and incorporated herein by reference, is a true and
correct copy of a portion of the Settlement Statement from the sale of the Kinsel Ranch. Not
only did Plaintiffs know about the sale, they participated in it. Lesey B. Kinsel owned 60% of
the Kinsel Ranch and sold all of her interest. The remaining 40% was also sold. Plaintiff J.
Frank Kinsel owned 10% of the Kinsel Ranch. As shown on Exhibit A, he received net proceeds
from the sale in the amount of$509,279.44.
7. Tne sale ofthe Kinsel Ranch prior to the death ofLesey B. Kinsel meant that the
gift of the Kinsel Ranch in the Trust was adeemed by satisfaction. Shriner's Hospital for
Crippled Children v. Stahl, 610 S.W.2d 147 (Tex. 1980). Further, since neither the original
Trust nor any cif its amendments stated specifically that Plaintiffs would be entitled to the
proceeds from a sale if the Kinsel Ranch was sold prior to death, Plaintiffs cannot recover herein
unless this Court can manufacture a new ranch out of whole cloth and then add it to the Trust.
8. Iti requesting the TRO, Plaintiffs are attempting to get what is basically a pre-
judgment garnishment so that the Trust assets will be held until some future date when Plaintiffs
hope to get a judgment. Plaintiffs claim is basically a tort and is unliquidated, and holders of
unliquidated claims are not entitled to pre-judgment garnishments. Plaintiffs have not, and
cannot, comply With the requirements of TEX. CIV. PRAC. & REM. CODE 63.001 and should not
Emergency Motion to Dissolve Temporary Restraining Order Page 3
5296098v.l 133741/00001
be allowed to disguise an unlawful garnishment action as a restraining order/temporary
injunction. Since a tort is not a debt, pre-judgment garnishment is not available. Cleveland v.
San Antonio Bldg. & Loan Ass 'n, 148 Tex. 211,215, 223 S.W.2d 226, 228 (1949).
9. Because the TRO was granted improvidently and not in compliance with this
court's local rules, and because the Plaintiffs cannot recover the Kinsel Ranch even if all of their
allegations are true, Defendant claims that the TRO should be immediately dissolved and that the
request for a temporary injunction should be denied.
WHEREFORE, PREMISES CONSIDERED, Defendant Jane 0. Lindsey prays that this
Motion be scheduled for emergency hearing no more than 2 days from its filing, that the
temporary restraining order granted on September 9, 2008 be dissolved, that the request for
temporary injundion be denied, and that Defendant receive such other and further reliefto which
she may be entitled.
Respectfully submitted,
JACKSON WALKER L.L.P.
301 Commerce, Suite 2400
Fort Worth, TX 76102
817.334.7235
817.870.5130[@ax~ r
By: !tift~_/~
M. Keith Branyo
State Bar No. 02902050
Colin L. Murchison
State Bar No. 24049780
ATTORNEYS FOR JANE Q, LINDSEY
Emergency Motion to Dissolve Temporary Restraining Order Page4
5296098v.1 133741/00001
VERJFICATJON
STATEOFTEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Jane 0. Lindsey, who, after being duly sworn, stated under oath that she is the Defendant in this
action; that she has read the above Emergency Motion to Dissolve Temporary Restraining Order;
and that every statement contained in the Emergency Motion to Dissolve Temporary Restraining
Order is within her personal knowledge and is true and correct.
t.lane 0. Lindsey
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
Subscribed to and sworn to before me on the this 151h day of September, 2008, by Jane 0.
Lindsey, to certify which witness my hand and official seal.
M. KEJTH llllANYON Notary Public -/State of Texas
··'-"-''''Notary Public, Stste of Taxas
Emergency Motion to Dissolve Temporary Restraining Order Page 5
5296098v.l 133741/00(}01
ORDER SETTING HEARING DATE
It is ORDERED that the hearing on Defendant's Emergency Motion to Dissolve
Temporary Restraining Order in the above-entitled and numbered cause is hereby set for
tL
J.Q_._QQ. o'clock _A_. M-., on the /8 day of September, 2008, in the courtroom of the
153rd District Court ofTarrant County, in Fort Worth, Texas.
It is further ORDERED that Defendant deliver a true copy of the Motion and together
-rlv
with this Order to Plaintiff, on er beMre 9:89 e'eleek a.m. on the Ib day of September,
2008Mo IJ:OOA.M-,
SIGNED this /t, 1;:. day of September, 2008.
~i.vvJ~h+-.
~RESIDING ,
Emergency Motion to Dissolve Temporary Restraining Order Page6
5296098v.l 133741100001
CERTIFICATE OF DELIVERY
This is to certify that a true and correct copy of the above and foregoing Motion to
Dissolve Temporary Restraining Order and Order Setting Hearing Date was delivered to the
following attorney of record:
J. Lyndell Kirkley
Kirkley & Berryman, L.L.P.
I 00 N. Forest Park Blvd., Suite 220
Fort Worth, TX 76102
at ___ o'clock_._. on the _ _ _ day of September, 2008.
SIGNED this _ _ _ day of September, 2008.
JACKSON WALKER L.L.P,
301 Commerce, Suite 2400
Fort Worth, TX 76102
817.334.7235
8!7.870.513~,if::
By: !!l&f/!£2
M. Keith Brany
-
State Bar No. 02902050
Colin L. Murchison
State Bar No. 24049780
ATTORNEYS FOR JANE O. LINDSEY
Emergency Motion to Dissolve Temporary Restraining Order Page 7
5296098v.l 133741/00001
,.,, "'" B. Typ• of Loan
OMS No 2502-026!
and Urban Development 2.( JFMHA 3 [J ConvUmns
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1-!Qney Creek Ranch, LLC aa Accommoda!1011
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Urbar.czyk's Honey Creel< Ranch, Ltd, 24114 Stanco Road. S81l Antonoo, TX
76258
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Paul Alex Pnnce, Jr.
LJnnoe Jo Pr~nce Wyan
Beaver Ernest Pnnce
Kons~
cathenne Kmset Colbns, as Trustee illoated in Alascosa County, Teus
The undtnigned acknowl~J~e and llu-ed l'rtsidiu Titt~ LJ.C, ~•c•·nw agent, lo diSiribule the net sales proceeI.Htment in the amount of$~@~~ BM !til as l'ollows:
a.i~ _.;,;<>C..~\?.."\''... ';;l.
Net Sale Proceeds from Una 603 $5,093,634.42
B K1nse1, as Trustee of the lttsey B Ktnsel Trust $3.056.180 65
Less r.,. CerlotrcatesiO Mar!ill Abstract 1~50 LIO)
Net Procaeda dueleaay B. Klneal H Truetee of lheleuy B. Klnul Truet
$3,056,120.65
111% Jay Frank KJOsal 5509,363 44
Less Ta~ Cernrtcates to Marhn Abstract tSOUOO)
less. Re<;crlrllr> KWlw! Ponca ($25J.l)
lesa Re,.,bate. Ma.ooe Krnset P.-rnce 1525 33)
les.s. R.etmburse""'rn to PreSidro T~le for CC of Prott;ila (Harm Co) ($211 261
Nat Proceeda due Unnle Jo Prince Wyatt $169,666.22
3.333% B01aV"' Ernest Prrnce $169,78781
r.,. C..n•l~eales to Martin Absuact
Less: ($60 00)
Fee~
Less Rrnrng ol AU<>ate: Me•lne Kinsel Prioce tS25 3J)
to Prasrdro Tille lor CC of Probate (Hams Co)
Less Rermbursement (520 26)
Net Proceede due Beever Erneet Prince $169,666.22
10% Cathenne Krnsal Collins TIIJillee $509,363 44
hs.s. Ta>r Cer1ri>C;Oiesl0 ~in Abslrad ($60 00)
Less Recordrllg F"" for Probale. Joe Bob Kinsel Sf ,, t?Z 00)
lass· Ro.ccrdrn9 Fee for Resl{lnalioo ol Co- Tlllolee IS200IJ)
les.s RermbC;Oiesso Martin Abslract 1510 OOJ
Less Ro.cord1r>g F$8 Power of AHomey 1St6 00)
Net Proclteda due Dr, Cecilia Klnaal $101,846.69
2% Edward Ashley Kinsal $101.872 69
Ta• Certrlrcates
less· to Martin Abstract ($10001
Less R"""""rng Fee P<>werol Ahomey (SI600J
Net Procltede due Edward Aehley KlnMI $101,846.69
2% Anthony W~l•am Kmsel $101.872 69
L""sr.., Ce<~rfrcates to Manon ~tract 1510 00)
less Ro.cordlflll Fee 1'.-r of Attorney ($16 00)
Nat PToCII&de due Anthony William KinMI $101,846.69
1% Atysha SUl:alle Kinsel $50,936 34
Leos T&> Cerl!lrcates to Mart.r Abstract (510 110)
less Recording F"'' POwer ol Attorney 1516 IMJ)
Net Proceeds due Alyaha Sey B1-.:m,el, ~
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ee " r z J Y
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mse
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v,··'''"'a 0. Kinsel, as
for J. Frank Knlsel
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PriiJce.AIIcc Jlead, Cecilia Kmsel, Edwaod Kmsel,
Amllha Kmsel (I
Catherine KinSel Co!hns, Truster: Cheryl Seibert, Trustee
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File No.111?912
ADDENDUM Tl 'UJD-1
Distribution of Net ProctC'._.S (Line 603)
, l 'O:L"\(0'8
Date: Jul¥ H, 201}8
.Proper!¥: 2,35!.80 acres situated in Atucosa County, Tens
The undersigned atknowledge iilld direct Pre,idiO Title LLC, escrow agtnl, to dtitrtbllte the nd sales procee~s renected on
Lme 611.3 of the foregoing setU~ment >latemenC io the amouut ot f § 10"!J,IHIO 110 iii follows:
Net Sale Proceeds from Line 603 .G"' S.>O'll....~.... ·"~ $5,093,634.42
w11mm••
60% Lesay 8. Ktnsel, as Trusteo or the Lasey 8. Ktnsar Trust $3.056,t8065
Less: Ta. Cenoftcates to Man., Abslract 1S6000)
Net Proceed a dUll leaey B. l;lnoo Klnsal Prirlce 1525 ]~)
Lass_ Re>mbc.-semant lc Presdo Title forCC off>fobole {Hams Co) di20 25)
Nat Proceada dua Paul AI.,. Prince Jr $169,666.22
3.333% Unnie Jo Pnnce Wyatt $169,797 91
Lass Ta. Cert>f>calas to Martin Ab51ract (56000)
Lass: Recor~ Foe ~~ cf Allctnay tSt600J
less Recording Fee for Probata Malf1Calu to Marttn Abllract ($10001
~~~~~!~~~~~~~~?:~ ~:\.':,'\J7'.!~!!~~.~~, ~n K~~Ht $50,926.34
Apprt>\'til for drstribution: .flct:~;v~~~~~·~k~--K~.._,Q~·~.~~·~~~-~~n·~-
•
Lesey B. Kinsd, Truotee ofthd le~ey B K1nsel Trust Y!rgima (). Ktl'lsel,~agent for
Frank Ktn>el
J,;ne lrndsey, as .;gent fur P.;td Ptmce, L'tnnte Jo Wyan, Beaver E. Prtnce, Alice I lead, Cee~lia Kinsel, Edward Kinsel, A~thony
Kmsel, anJ Alysha Kinsel
Catheri~e Kjnsel Collins, TnJStde Cheryl Seibert, Trustee
JACKSON
)W *WALKER L.L.P.
J\.1. KEITH BRANYON
Board Certtfied- Tax Law
Estate Planning and Probate Law
Texas Board of Legal Speciallzation
Certified Public Accountant
Direct Dial: 817 _334_7235
ATTORNEYS & COUNSHORS Direct Fax: 8\7.870.5135
E-Mail:kbranyon@jw.com
September 15,2008
Via Hand Delivery
Ms. Patricia Cannon
Coordinator- 153rd Judicial District
Tarrant County District Court
Tarrant County Justice Center
401 W. Belknap, 7'" Floor
Fort Worth, 1X 76196-0225
RE: No. 153-232668-08; Virginia 0. Kinsel, eta/ vs. Jane 0. Lindsey
Dear Ms. Cannon:
I enclose the original and three (3) copies of a Motion to Dissolve Temporary
Restraining Order in the referenced case. This Motion is being filed pursuant to Tex. R.
Civ. P. 680. That rules requires an emergency setting on 2 days' notice to opposing
counsel. Therefore, please schedule this matter for hearing either Wednesday, September
17 or Thursday, September 18. Please indicate the hearing date on the original and the
copies of the Motion, and return the file-marked copies to me.
l~iY/L-
M. Keith Branyon
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ORIGINAL CAUSE NO. 153-232668-08 VIRGINIA 0. KINSEL, as Attorney-in- § IN THE DISTRICT COURT OF Fact for J. Frank Kinsel, § J. FRANK KINSEL, JR., Individually and § CAROLE K. EDWARDS, Individually, § § Plaintiffs, § TARRANT COUNTY, TEXAS § w. § § JANE 0. LINDSEY, § § Defendant. § 153RD JUDICIAL DISTRICT EMERGENCY MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER TO THE HONORABLE JUDGE OF SAID COURT: Comes now, JANE 0. LINDSEY, Defendant, and files this her Emergency Motion to Dissolve Temporary Restraining Order, and in support thereof shows: 1. Plaintiffs filed their initial pleading ("Petition") in this cause on September 9, 2008 without notice to the undersigned counsel. Included in the pleading was a request for a temporary restraining order ("TRO") against Defendant. This court granted the TRO without notice to Defendant or to the undersigned counsel, thus giving rise to the availability of emergency relief pursuant to TEX. R. CIV. P. 680. 2. In granting the TRO without notice to the undersigned counsel, this Court was misled by counsel for Plaintiffs, William Kirkley. In the Petition, Mr. Kirkley stated on p~ 12 ~· (in a statement under the header "Certificate for Application for Relief Ex Parte") tha~e.§?d n~ _:;:t .l>... ""~ ,·v r~ ' (" (...:) /'~ ~ l know if Defendant was represented by counsel although he mentioned the Mr. Brari'y_qn's name _.,., ("). ' ..-":.?;..'; :;..:. ..,. . , v-, ~-:.. 'J. very prominently. Mr. Kirkley absolutely knew or should have known that4~.:~- de~e.d ;;;/;;t' ~ ()0 ~ r:~, .. cr:::.:? t:J ,._ ' to . .~~>"" Emergency Motion to Dissolve Temporary Restraining Order '·- Page I 5296098v.l 133741/00001 counsel represented Defendant, and he could have easily confirmed that fact by calling Mr. Branyon. Mr. Kirkley chose not to contact Mr. Branyon and failed to disclose prior conversations with Mr. Branyon (regarding the same facts as alleged in the Petition) to the court. Even the Petition discloses the representation; Exhibits A, C and D to the Petition clearly show "Jackson Walker'' on the fax header to each page. Mr. Kirkley had requested and obtained said exhibits from Mr. Branyon on September 3, 2008. 3. Had Mr. Kirkley complied with this court's local rules and allowed Mr. Branyon to participate in the consideration of the TRO, Mr. Branyon could have explained why Plaintiffs are entitled neither to a TRO or to any of the other relief requested in the Petition. Due to Mr. Kirkley's actions, however, Mr. Branyon was not given that opportunity. 4. Pl3intiffs have sued Defendant in her individual capacity, alleging that she unduly influenced Lesey B. Kinsel in executing one or more amendments to the Lesey B. Kinsel Trust ("Trust"). As an individual, Defendant has no authority whatsoever over the Trust or its assets. Restraining her regarding trust assets is totally meaningless and ineffective. 5. The Trust is attached to the Petition as Exhibit A. Page 8 of the Trust states that the Trustee of the Lesey B. Kinsel Trust was Lesey B. Kinsel, and Ms. Kinsel served in that capacity until her death on August 22, 2008. Page 8 then states that Defendant became the successor co-trustee. Plaintiffs have not sued Defendant in her capacity as Co-Trustee, and Plaintiffs are therefore not permitted to receive any relief regarding the trust assets and possible distributions even if all of the statements in the Petition are taken as true. 6. Plaintiffs have also misled the Court regarding their claims that Defendant's alleged actions "'ill cause them irreparable harm because they will not be receiving a portion of a ranch previously owned by Lesey B. Kinsel ("Kinsel Ranch"). However, nothing Defendant did Emergency Motion to Dissolve Temporary Restraining Order Page2 5296098v.I !33741/0000! or could do, whether in her individual capacity or as Co-Trustee of the Trust, could affect Plaintiffs' alleged interest in the Kinsel Ranch for the sole reason that Lesey B. Kinsel sold her interest in the Kinsel Ranch prior to death. The fact that the Kinsel Ranch was sold prior to death is extremely damaging to all of Plaintiffs' claims and would have been highly material to this Court's com:ideration of the request for a TRO. For reasons unknown, Plaintiffs and their attorney chose to keep this valuable information to themselves. 6. Attached hereto as Exhibit A, and incorporated herein by reference, is a true and correct copy of a portion of the Settlement Statement from the sale of the Kinsel Ranch. Not only did Plaintiffs know about the sale, they participated in it. Lesey B. Kinsel owned 60% of the Kinsel Ranch and sold all of her interest. The remaining 40% was also sold. Plaintiff J. Frank Kinsel owned 10% of the Kinsel Ranch. As shown on Exhibit A, he received net proceeds from the sale in the amount of$509,279.44. 7. Tne sale ofthe Kinsel Ranch prior to the death ofLesey B. Kinsel meant that the gift of the Kinsel Ranch in the Trust was adeemed by satisfaction. Shriner's Hospital for Crippled Children v. Stahl, 610 S.W.2d 147 (Tex. 1980). Further, since neither the original Trust nor any cif its amendments stated specifically that Plaintiffs would be entitled to the proceeds from a sale if the Kinsel Ranch was sold prior to death, Plaintiffs cannot recover herein unless this Court can manufacture a new ranch out of whole cloth and then add it to the Trust. 8. Iti requesting the TRO, Plaintiffs are attempting to get what is basically a pre- judgment garnishment so that the Trust assets will be held until some future date when Plaintiffs hope to get a judgment. Plaintiffs claim is basically a tort and is unliquidated, and holders of unliquidated claims are not entitled to pre-judgment garnishments. Plaintiffs have not, and cannot, comply With the requirements of TEX. CIV. PRAC. & REM. CODE 63.001 and should not Emergency Motion to Dissolve Temporary Restraining Order Page 3 5296098v.l 133741/00001 be allowed to disguise an unlawful garnishment action as a restraining order/temporary injunction. Since a tort is not a debt, pre-judgment garnishment is not available. Cleveland v. San Antonio Bldg. & Loan Ass 'n, 148 Tex. 211,215, 223 S.W.2d 226, 228 (1949). 9. Because the TRO was granted improvidently and not in compliance with this court's local rules, and because the Plaintiffs cannot recover the Kinsel Ranch even if all of their allegations are true, Defendant claims that the TRO should be immediately dissolved and that the request for a temporary injunction should be denied. WHEREFORE, PREMISES CONSIDERED, Defendant Jane 0. Lindsey prays that this Motion be scheduled for emergency hearing no more than 2 days from its filing, that the temporary restraining order granted on September 9, 2008 be dissolved, that the request for temporary injundion be denied, and that Defendant receive such other and further reliefto which she may be entitled. Respectfully submitted, JACKSON WALKER L.L.P. 301 Commerce, Suite 2400 Fort Worth, TX 76102 817.334.7235 817.870.5130[@ax~ r By: !tift~_/~ M. Keith Branyo State Bar No. 02902050 Colin L. Murchison State Bar No. 24049780 ATTORNEYS FOR JANE Q, LINDSEY Emergency Motion to Dissolve Temporary Restraining Order Page4 5296098v.1 133741/00001 VERJFICATJON STATEOFTEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned Notary Public, on this day personally appeared Jane 0. Lindsey, who, after being duly sworn, stated under oath that she is the Defendant in this action; that she has read the above Emergency Motion to Dissolve Temporary Restraining Order; and that every statement contained in the Emergency Motion to Dissolve Temporary Restraining Order is within her personal knowledge and is true and correct. t.lane 0. Lindsey THE STATE OF TEXAS § § COUNTY OF TARRANT § Subscribed to and sworn to before me on the this 151h day of September, 2008, by Jane 0. Lindsey, to certify which witness my hand and official seal. M. KEJTH llllANYON Notary Public -/State of Texas ··'-"-''''Notary Public, Stste of Taxas Emergency Motion to Dissolve Temporary Restraining Order Page 5 5296098v.l 133741/00(}01 ORDER SETTING HEARING DATE It is ORDERED that the hearing on Defendant's Emergency Motion to Dissolve Temporary Restraining Order in the above-entitled and numbered cause is hereby set for tL J.Q_._QQ. o'clock _A_. M-., on the /8 day of September, 2008, in the courtroom of the 153rd District Court ofTarrant County, in Fort Worth, Texas. It is further ORDERED that Defendant deliver a true copy of the Motion and together -rlv with this Order to Plaintiff, on er beMre 9:89 e'eleek a.m. on the Ib day of September, 2008Mo IJ:OOA.M-, SIGNED this /t, 1;:. day of September, 2008. ~i.vvJ~h+-. ~RESIDING , Emergency Motion to Dissolve Temporary Restraining Order Page6 5296098v.l 133741100001 CERTIFICATE OF DELIVERY This is to certify that a true and correct copy of the above and foregoing Motion to Dissolve Temporary Restraining Order and Order Setting Hearing Date was delivered to the following attorney of record: J. Lyndell Kirkley Kirkley & Berryman, L.L.P. I 00 N. Forest Park Blvd., Suite 220 Fort Worth, TX 76102 at ___ o'clock_._. on the _ _ _ day of September, 2008. SIGNED this _ _ _ day of September, 2008. JACKSON WALKER L.L.P, 301 Commerce, Suite 2400 Fort Worth, TX 76102 817.334.7235 8!7.870.513~,if:: By: !!l&f/!£2 M. Keith Brany - State Bar No. 02902050 Colin L. Murchison State Bar No. 24049780 ATTORNEYS FOR JANE O. LINDSEY Emergency Motion to Dissolve Temporary Restraining Order Page 7 5296098v.l 133741/00001 ,.,, "'" B. Typ• of Loan OMS No 2502-026! and Urban Development 2.( JFMHA 3 [J ConvUmns J '"' o I IVA '''""·' '"' I """ ' ' ' ' :~ ' I" ••m• ' ··~· ' "' 1-!Qney Creek Ranch, LLC aa Accommoda!1011 111 I Urbar.czyk's Honey Creel< Ranch, Ltd, 24114 Stanco Road. S81l Antonoo, TX 76258 '· ~mo oo """ ~:;~;,;":~:~.:;, Paul Alex Pnnce, Jr. LJnnoe Jo Pr~nce Wyan Beaver Ernest Pnnce Kons~ cathenne Kmset Colbns, as Trustee illoated in Alascosa County, Teus The undtnigned acknowl~J~e and llu-ed l'rtsidiu Titt~ LJ.C, ~•c•·nw agent, lo diSiribule the net sales proceeI.Htment in the amount of$~@~~ BM !til as l'ollows: a.i~ _.;,;<>C..~\?.."\''... ';;l. Net Sale Proceeds from Una 603 $5,093,634.42 B K1nse1, as Trustee of the lttsey B Ktnsel Trust $3.056.180 65 Less r.,. CerlotrcatesiO Mar!ill Abstract 1~50 LIO) Net Procaeda dueleaay B. Klneal H Truetee of lheleuy B. Klnul Truet $3,056,120.65 111% Jay Frank KJOsal 5509,363 44 Less Ta~ Cernrtcates to Marhn Abstract tSOUOO) less. Re<;crlrllr> KWlw! Ponca ($25J.l) lesa Re,.,bate. Ma.ooe Krnset P.-rnce 1525 33) les.s. R.etmburse""'rn to PreSidro T~le for CC of Prott;ila (Harm Co) ($211 261 Nat Proceeda due Unnle Jo Prince Wyatt $169,666.22 3.333% B01aV"' Ernest Prrnce $169,78781 r.,. C..n•l~eales to Martin Absuact Less: ($60 00) Fee~ Less Rrnrng ol AU<>ate: Me•lne Kinsel Prioce tS25 3J) to Prasrdro Tille lor CC of Probate (Hams Co) Less Rermbursement (520 26) Net Proceede due Beever Erneet Prince $169,666.22 10% Cathenne Krnsal Collins TIIJillee $509,363 44 hs.s. Ta>r Cer1ri>C;Oiesl0 ~in Abslrad ($60 00) Less Recordrllg F"" for Probale. Joe Bob Kinsel Sf ,, t?Z 00) lass· Ro.ccrdrn9 Fee for Resl{lnalioo ol Co- Tlllolee IS200IJ) les.s RermbC;Oiesso Martin Abslract 1510 OOJ Less Ro.cord1r>g F$8 Power of AHomey 1St6 00) Net Proclteda due Dr, Cecilia Klnaal $101,846.69 2% Edward Ashley Kinsal $101.872 69 Ta• Certrlrcates less· to Martin Abstract ($10001 Less R"""""rng Fee P<>werol Ahomey (SI600J Net Procltede due Edward Aehley KlnMI $101,846.69 2% Anthony W~l•am Kmsel $101.872 69 L""sr.., Ce<~rfrcates to Manon ~tract 1510 00) less Ro.cordlflll Fee 1'.-r of Attorney ($16 00) Nat PToCII&de due Anthony William KinMI $101,846.69 1% Atysha SUl:alle Kinsel $50,936 34 Leos T&> Cerl!lrcates to Mart.r Abstract (510 110) less Recording F"'' POwer ol Attorney 1516 IMJ) Net Proceeds due Alyaha Sey B1-.:m,el, ~ ~ · ee " r z J Y i{;fi!i.J mse l'C" , '\ " ag~nt v,··'''"'a 0. Kinsel, as for J. Frank Knlsel L...t_...- - · ndsey, o~:; 4gt1J\ fur Pru~L,~l- Pdll) ~ f.Au._.,J o W yatt,,eaver E . PriiJce.AIIcc Jlead, Cecilia Kmsel, Edwaod Kmsel, Amllha Kmsel (I Catherine KinSel Co!hns, Truster: Cheryl Seibert, Trustee \ '5. . .,,~~ File No.111?912 ADDENDUM Tl 'UJD-1 Distribution of Net ProctC'._.S (Line 603) , l 'O:L"\(0'8 Date: Jul¥ H, 201}8 .Proper!¥: 2,35!.80 acres situated in Atucosa County, Tens The undersigned atknowledge iilld direct Pre,idiO Title LLC, escrow agtnl, to dtitrtbllte the nd sales procee~s renected on Lme 611.3 of the foregoing setU~ment >latemenC io the amouut ot f § 10"!J,IHIO 110 iii follows: Net Sale Proceeds from Line 603 .G"' S.>O'll....~.... ·"~ $5,093,634.42 w11mm•• 60% Lesay 8. Ktnsel, as Trusteo or the Lasey 8. Ktnsar Trust $3.056,t8065 Less: Ta. Cenoftcates to Man., Abslract 1S6000) Net Proceed a dUll leaey B. l;lnoo Klnsal Prirlce 1525 ]~) Lass_ Re>mbc.-semant lc Presdo Title forCC off>fobole {Hams Co) di20 25) Nat Proceada dua Paul AI.,. Prince Jr $169,666.22 3.333% Unnie Jo Pnnce Wyatt $169,797 91 Lass Ta. Cert>f>calas to Martin Ab51ract (56000) Lass: Recor~ Foe ~~ cf Allctnay tSt600J less Recording Fee for Probata Malf1Calu to Marttn Abllract ($10001 ~~~~~!~~~~~~~~?:~ ~:\.':,'\J7'.!~!!~~.~~, ~n K~~Ht $50,926.34 Apprt>\'til for drstribution: .flct:~;v~~~~~·~k~--K~.._,Q~·~.~~·~~~-~~n·~- • Lesey B. Kinsd, Truotee ofthd le~ey B K1nsel Trust Y!rgima (). Ktl'lsel,~agent for Frank Ktn>el J,;ne lrndsey, as .;gent fur P.;td Ptmce, L'tnnte Jo Wyan, Beaver E. Prtnce, Alice I lead, Cee~lia Kinsel, Edward Kinsel, A~thony Kmsel, anJ Alysha Kinsel Catheri~e Kjnsel Collins, TnJStde Cheryl Seibert, Trustee JACKSON )W *WALKER L.L.P. J\.1. KEITH BRANYON Board Certtfied- Tax Law Estate Planning and Probate Law Texas Board of Legal Speciallzation Certified Public Accountant Direct Dial: 817 _334_7235 ATTORNEYS & COUNSHORS Direct Fax: 8\7.870.5135 E-Mail:kbranyon@jw.com September 15,2008 Via Hand Delivery Ms. Patricia Cannon Coordinator- 153rd Judicial District Tarrant County District Court Tarrant County Justice Center 401 W. Belknap, 7'" Floor Fort Worth, 1X 76196-0225 RE: No. 153-232668-08; Virginia 0. Kinsel, eta/ vs. Jane 0. Lindsey Dear Ms. Cannon: I enclose the original and three (3) copies of a Motion to Dissolve Temporary Restraining Order in the referenced case. This Motion is being filed pursuant to Tex. R. Civ. P. 680. That rules requires an emergency setting on 2 days' notice to opposing counsel. Therefore, please schedule this matter for hearing either Wednesday, September 17 or Thursday, September 18. Please indicate the hearing date on the original and the copies of the Motion, and return the file-marked copies to me. l~iY/L- M. Keith Branyon -< MKB:ncb :r: 0 ~ = = = - ~;;.. Enclosures 23: ,., U> on cc: Via Certified Mail, ~:I:> 0'0(1) " "'>''1 :z:- "~ U1 --