ACCEPTED 01-15-00157-CV 427,208 FIRST COURT OF APPEALS HOUSTON, TEXAS 2/9/2015 3:30:46 3/11/2015 4:20:24 PM CHRISTOPHER PRINE CLERK

NO. 427,208 FILED IN 1st COURT OF APPEALS MACKEY (“MACK”) GLEN PETERSON, § IN THE DISTRICT COURT HOUSTON, TEXAS PETERSON, Individually, Next Friend § 3/11/2015 4:20:24 PM of RUBY PETERSON, DON LESLIE § CHRISTOPHER A. PRINE Clerk PETERSON, Individually and as Next § Friend, of RUBY PETERSON, and § LONNY PETERSON, Individually and § Next Friend of RUBY S. PETERSON, § § Plaintiffs, § § V. § HARRIS COUNTY, TEXAS § CAROL ANNE MANLEY, § DAVID PETERSON, SILVERADO § SENIOR LIVING, INC., d/b/a Silverado § Senior Living – Sugar Land, § § Defendants. § 129TH JUDICIAL DISTRICT

NOTICE OF APPEAL TO THE HONORABLE JUDGE PRESIDING AND TO THE JUSTICES OF THE FIRST AND FOURTEENTH JUDICIAL DISTRICT COURTS OF APPEALS: NOW COME, MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON (“Plaintiffs”), by and through undersigned counsel, and file their Notice of Appeal pursuant to TRAP Rule 25.1, and would show the Court as follows:

1 MACKEY GLEN PETERSON; TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON desire to Appeal from the following Orders: A Order granting Silverado Senior Living, Inc. d/b/a Silverado Senior Living – Sugar Land's Rule 91a motion to dismiss; B Order denying motion to reconsider 91a motion to dismiss and motion for sanctions, signed on January 9, 2015; C Order granting application for attorney's fees pursuant to Rule 91a Order entered on November 10, 2014, signed on January 9, 2015; D Order granting Silverado's first amended plea to the jurisdiction, signed on January 9, 2015; E Order granting Silverado's 91a motion to dismiss Plaintiffs' breach of trust and/or breach of fiduciary duty, signed on January 9, 2015; in Cause No. 427,208 and/or No. 427,208-401 styled MACKEY GLEN PETERSON; TONYA PETERSON, Individually and as Next Friend of RUBY PETERSON; DON LESLIE PETERSON; CAROL PETERSON, Individually and as Next Friend of RUBY PETERSON; and LONNY PETERSON v. CAROL ANNE MANLEY, DAVID PETERSON, SILVERADO SENIOR LIVING, INC., d/b/a Silverado

Senior Living – Sugar Land, pending in Probate Court No. One, Harris County, Texas.

2 The dates of the Orders appealed from are November 10, 2014 and January 9, 2015.

3 MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON desire to appeal.

4 MACKEY GLEN PETERSON TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON desire to appeal to the First or Fourteenth Court of Appeals, Houston, Texas.

5 MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON are the parties filing this appeal.

6 This Notice of Appeal is being served on all parties to the court's Orders.

WHEREFORE, MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON hereby file this notice of appeal. They also claim such further relief to which they may be justly entitled.

Respectfully submitted, Philip M. Ross SBN 17304200 1006 Holbrook Road San Antonio, Texas 78218 Phone: 210/326-2100 Email: [email protected] By: /s/ Philip M. Ross Philip M. Ross Attorney for MACKEY GLEN PETERSON, TONYA PETERSON, DON LESLIE PETERSON, CAROL PETERSON, and LONNY PETERSON CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above document was e- filed and sent by email or electronic delivery by agreement to: Josh Davis Lewis Brisbois Bisgaard & Smith, LLP Weslayan Tower, Suite 1400 Greenway Plaza Houston, TX 77046 on February 9, 2015.

/s/ Philip M. Ross Philip M. Ross