Keep sound wisdom and discretion, and they will be life for your soul and adornment for your neck…………….. Then you will walk on your way securely, and your foot will not stumble…………... If you lie down, you will not be afraid; when you lie down, your sleep will be sweet…………Do not be afraid of sudden terror or of the ruin of the wicked, when it comes,for the Lord will be your confidence and will keep your foot from being caught. Do not withhold good from those to whom it is due, when it is in your power to do it……..Do not say to your neighbor, “Go, and come again, tomorrow I will give it”—when you have it with you………..Do not plan evil against your neighbor, who dwells trustingly beside you……..Do not contend with a man for no reason, when he has done you no harm.

Tuesday, May 27, 2008

Fernandez amended her motion to abate and also moved to continue the case but ..........................

Nelly May Stacy Fernandez AKA "Marie Fernandez" knows that there are other heirs in line as heir besides her husbands mother.

It is a lie to say Ann is "SOLE HEIR" knowing it is true she is NOT SOLE HEIR OF Sarita Kenedy East & John G. Kenedy JR. and confirmation exists when she (Marie Stacy) stated this fact on the air Live on 1440 KEYS.


I. Background (1)

The judgment that Fernandez attacks is a settlement agreement entered by the district court in the estate of Sarita Kenedy East. Fernandez contends that she is the sole child of John G. Kenedy Jr., East's brother, and therefore, she is East's niece. In her petition for an equitable bill of review ("petition"), Fernandez asserts that she was a necessary party to the settlement agreement and seeks to overturn the district court judgment that incorporates the settlement agreement (the "Agreed Judgment Case").

Before petitioning the district court for an equitable bill of review, Fernandez filed an heirship application in East's probate court case in Kenedy County. Shortly after filing her petition in district court, Fernandez moved to abate her district court petition on grounds that the probate court held dominant jurisdiction over the probate issues in the case. (2) The Foundation moved for both no-evidence and traditional summary judgments on various grounds, including laches and adverse possession. Fernandez amended her motion to abate and also moved to continue the case. The district court denied Fernandez's abatement and continuance motions and granted the Foundation a summary judgment without providing a rationale. The district court also issued an anti-suit injunction which prohibited Fernandez from proceeding with her probate matters in East's estate. This appeal ensued.

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