ACCEPTED 08-18-00134-CV 08-18-00134-CV EIGHTH COURT OF APPEALS EL PASO, TEXAS 9/4/2018 3:22 PM DENISE PACHECO CLERK COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 9/4/2018 3:22:27 PM ORIGINAL PROCEEDING NO. 08-18-00134-CV DENISE PACHECO Clerk

In re: GILBERT MALOOLY, AND CHRIS MALOOLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALDINE MALOOLY, INTERVENORS, TERI FINNEGAN, LEE CHAGRA, JR., JOANNA KRANCHER, TINA CHAGRA, PLAINTIFFS/INTERVENOR, & LESLE C. KARAM, THIRD PARTY DEFENDANT Relators.

Original Proceeding From Probate Court Number Two of El Paso County, Texas (No. 2012-CPR03934-A) The Honorable Eduardo Gamboa, Judge Presiding

LESLIE C. KARAM’S TRAP 9.7 NOTICE OF ADOPTION BY REFERENCE OF THE PETITION FOR WRIT OF MANDAMUS, FILED JULY 29, 2018

Relator Leslie C. Karam, submits this TRAP 9.7 Notice of Adoption by Reference of the Petition for Writ of Mandamus, Filed July 29, 2018, by Relators Gilbert Malooly, and Chris Malooly, as Personal Representative of the Estate of Geraldine Malooly, and shows as follows:

1. On July 29, 2018, Relators Gilbert Malooly, and Chris Malooly, as Personal Representative of the Estate of Geraldine Malooly, Intervenors in the suit below, filed their Petition for Writ of Mandamus and requested the Court grant their Petition and issue a writ of mandamus requiring Respondent, the Honorable Eduardo Gamboa, to withdraw and vacate his Order granting supplemental requests for partial distribution made by Real Party in Interest James Kirby Read, as Successor Permanent Dependent Administrator For the Estate of Edward Abraham, Deceased; and to follow existing law and procedures in determining the merits of the Successor Dependent Administrator’s Supplemental Request for a Partial Distribution; and that the Court grant Relators’ emergency motion for temporary relief and award Relators all such other relief to which they are justly entitled.

2. On July 30, 2018, the Court entered an order granting Relators’ motion to stay and ordered that the stay will remain in effect pending resolution of this original proceeding or further order of the Court.

3. On July 31, 2018, the Court requested a response from the Real Party(ies) in Interest be filed on or before August 30, 2018.

4. Texas Rule of Appellate Procedure 9.7 provides “[a]ny party may join in or adopt by reference all or any part of a brief, petition, response, motion, or other document filed in an appellate court by another party in the same case.” See Tex. R. App. P. 9.7. Leslie C. Karam is a Third Party Defendant in the suit below and so is a party to this petition. See Tex. R. Civ. P. 52.2 (“A person whose interest would be directly affected by the relief sought is a real party in interest and a party to the case.”).

5. Texas Rule of Appellate Procedure 52.2 further provides “[t]he party seeking the relief [in an original appellate proceeding seeking mandamus relief] is the relator. In original proceedings other than habeas corpus, the person against whom relief is sought – whether a judge, court, tribunal, officer, or other person – is the respondent. A person whose interest would be directly affected by the relief sought is a real party in interest and a party to the case.” See Tex. R. App. P. 52.2.

6. For purposes of the issues presented in the Petition for Writ of Mandamus, the interests of Leslie C. Karam, Third Party Defendant in the suit below are the same as those of Relators Gilbert Malooly, and Chris Malooly, as Personal Representative of the Estate of Geraldine Malooly, Intervenors in the suit below, and Teri Finnegan, Lee Chagra, Jr., Joanna Krancher and Tina Chagra, Plaintiffs/Intervenor in the suit below. Pursuant to TRAP 9.7, (now) Relator Leslie C.

Karam hereby joins in and adopts by reference the Petition for Writ of Mandamus filed July 29, 2018, and seek the same relief from the Court as set forth in the Petition for Writ of Mandamus filed July 29, 2018.

Respectfully submitted, LAW OFFICE OF JEROME M. KARAM Jerome M. Karam W. Parkwood, Suite 104A Friendswood, Texas 77546 (832) 282-8451 – phone Attorney for Relator Leslie C. Karam, Third Party Defendant /s/ Jerome M. Karam JEROME M. KARAM State Bar No. 110497300

CERTIFICATE OF COMPLIANCE WITH RULE 9.4 1. This notice complies with the type-volume limitations of Rule 9.4 of the Texas Rules of Appellate Procedure, because this response contains 955 words, including parts of the notice exempted under TRAP 9.4(i)(1).

2. This notice complies with the typeface requirements of the Texas Rules of Civil and Appellate Procedure because this response has been prepared in a proportionally spaced typeface using Word Times New Roman, 14 point font (footnotes in 12 point font).

/s/ Jerome M. Karam JEROME M. KARAM Dated: September 4, 2018

CERTIFICATE OF SERVICE I hereby certify that on this 4th day of September, 2018, a true and correct copy of the foregoing was served by e-service and/or e-mail in accordance with the Texas Rules of Appellate Procedure to the following: Honorable Eduardo Gamboa Probate Court Number Two, El Paso County, Texas El Paso County Courthouse E. San Antonio, Room 500 El Paso, Texas 79901 (915) 546-8183 – phone (915) 875-8530 – fax [email protected] Respondent

Mark C. Walker [email protected] Mario Franke [email protected] Dickinson Wright PLLC N. Kansas St., Suite 2000 El Paso, Texas 79901 (915) 541-9322 – phone (844) 670-6009 – fax Attorneys for Relators Gilbert Malooly, and Chris Malooly, as Personal Representative of the Estate of Geraldine Malooly, Intervenors Sam J. Legate [email protected] Joseph G. Isaac [email protected] Scherr Legate, PLLC N. Oregon 12th Floor El Paso, Texas 79901 (915) 544-0100 – phone (915) 532-1759- fax Attorneys for Relators Teri Finnegan Lee Chagra, JR., Joanna Krancher, and Tina Chagra Darron Powell [email protected] 1517 Campbell El Paso, Texas 79902 (915) 313-0081 – phone (915)241-5194 – fax Attorney for Real Party in Interest James Kirby Read, as Permanent Dependent Administrator with Will and Codicil Annexed For the Estate of Edward Abraham, Deceased, Defendant

/s/ Jerome M. Karam JEROME M. KARAM