THE SUPREME COURT OF TEXAS P. 0. Box 12248 F1|Fn .„ Supreme Austin, Court Texas Building 78711 rniiRT of court appeal- of appeal John T. Adams, Clerk FFB07 1994 February 2, 1994 MELANIE KEETOjm CLERK, '."*;j4s_ Mr. Gary W. Sibley 3624 Oak Lawn Avenue, Ste. 100 Dallas, TX 75219 Mr. Robert T. Baskett Burleson, Pate & Gibson, L.L.P. 2414 N. Akard Street, Ste. 700 Dallas, TX 75201-1748 Mr. Charles M. Bradshaw P. 0. Box 802049 Dallas, TX 75380-2049

RE: Case No. D-3869 Style: WILLFRED MENTIS, INDIVIDUALLY AND AS NEXT FRIEND OF WILLFRED MENTIS, JR. AND WARREN MENTIS, MINOR CHILDREN v. MICHAEL JOHN BARNARD No. 89-3482-G in the 134th District Court, Dallas County No. 05-91-00780-CV in the Fifth Court of Appeals

Dear Counsel: Today, the Supreme Court of Texas delivered the enclosed opinion/s in the above referenced cause.

Enclosed is the judgment of the Supreme Court of Texas as said judgment appears in the Minutes of this Court. This is the judgment that will issue in mandate form to the lower court if no motion for rehearing is filed or if a filed motion for rehearing is overruled.

Respectfully yours, JOHbM". ADAMS,/CLERK

Peggy(Xfrtfyefie1d, Chief Deputy Clerk cc: Ms. Melanie Keeton, Clerk Mr. Bill Long Hon. James A. Baker Honorable Anne Ashby Packer THE SUPREME COURT OF TEXAS

NO. D-3869

WILLFRED MENTIS, INDIVIDUALLY AND AS NEXT FRIEND OF WILLFRED MENTIS, JR. AND WARREN MENTIS, MINOR CHILDREN, PETITIONER

MICHAEL JOHN BARNARD, RESPONDENT

ON APPLICATION FOR WRIT OF ERROR TO THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS

JUDGMENT

THE SUPREME COURT OF TEXAS, having heard this cause on writ of error to the Court of Appeals for the Fifth District, and havingconsidered the appellate record and the argument of counsel, is of the opinion that the judgment of the court of appeals should be reversed.

IT IS THEREFORE ORDERED, in accordance with the Court's opinion, that: 1) The judgment of the court of appeals is reversed; 2) The cause is remanded to the District Court of Dallas County, Texas, for further proceedings in conformity with the opinion of this Court; 3) Willfred Mentis, Individually and as Next Friend of Willfred Mentis, Jr. and Warren Mentis, Minor Children, shall recover from Michael John Barnard, who shall pay, the costs in this Court and in the court of appeals.

A copy of this judgment and of the Court's opinion is certified to the court of appeals and to the District Court of Dallas County, Texas, for observance.

(Opinion of the Court delivered by Justice Doggett) (Dissenting Opinion by Justice Cornyn joined in part by Justice Spector) February 2,1994 **********