Preview
Electronically Filed
8/26/2021 7:35 AM
Penny Clarkston, Smith County District Clerk
Reviewed By: Karen Hisel
SUIT NO. 26,679-A
WHITEHOUSE INDEPENDENT SCHOOL § IN THE DISTRICT COURT
DISTRICT, ET AL
§
VS. § 7TH JUDICIAL DISTRICT
§
ROBERT S HICKS, ET AL § SMITH COUNTY, TEXAS
PLAINTIFFS' FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
I.
PLAINTIFF(S)
This suit is brought for the recovery of delinquent ad valorem taxes under TEX. TAX CODE §
33.41 by the following named Plaintiff(s), whether one or more, each of which is a taxing unit and is
legally constituted and authorized to impose and collect taxes on property:
WHITEHOUSE INDEPENDENT SCHOOL DISTRICT, SMITH COUNTY and SMITH
COUNTY EMERGENCY SERVICES DISTRICT # 02
The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of
Civil Procedure.
DEFENDANT(S)
The following are named as Defendant(s) in this suit, and they may be served with notice of these
claims by service of citation at the address and in the manner shown as follows:
Robert S. Hicks , 21026 County Road 145, Tyler, TX 75703-9126;
Marie F. Hicks, 21026 County Road 145, Tyler, TX 75703-9126;
Austin Bank Texas, National Association, A Financial Institution, (In Rem Only), upon whom
service may be obtained by serving its Registered Agent, Debbie Colville at 200 E. Commerce St.,
Jacksonville, TX 75766-4904
if living, and if any or all of the above named Defendant(s) be deceased, the unknown heirs of each or
all of the said above named deceased persons; and the unknown owner or owners of the following
described property; and the executors, administrators, guardians, legal representatives, devisees of the
above named persons; and any and all other persons, including adverse claimants, owning or having any
legal or equitable interest in or lien upon the below described property located in the county in which
this suit is brought.
The following taxing unit(s), whether one or more, is joined as a party herein as required by TEX.
TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all or part of the
same property described below: NONE. The foregoing named taxing unit(s), if any, is invited to add its
claim by intervening herein.
Suit No. 26,679-A Page 1 Suit Key No. 2521503
II.
Claims for all taxes becoming delinquent on said property at any time subsequent to the filing of
this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on same,
are incorporated in this suit, and Plaintiff(s) is entitled to recover the same, upon proper proof, without
further citation or notice. Plaintiff(s) is further entitled to recover each penalty that is incurred and all
interest that accrues on all delinquent taxes imposed on the property from the date of judgment to the
date of sale.
III.
As to each separately described property shown below, there are delinquent taxes, penalties,
interest, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the amounts as
follows, if paid August, 2021:
PROPERTY AND AMOUNTS OWED
Tract No. 1:
ACCT. NO.100000016300051010 ; 105.00 feet by 210.00 feet, containing 0.506 acre, more or less,
situated in the J. Barnhart Survey, Abstract 163, Smith County, Texas, as described in deed dated
July 24, 1990, from Lessie Brooks, Guardiaan of the Estate of Mary Merida to Robert S. Hicks et
ux, in Volume 3029, Page 264, Land Records of Smith County, Texas.
WHITEHOUSE INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2019 $274.40 $138.99 $413.39
2020 $997.82 $367.70 $1,365.52
TOTALS: $1,272.22 $506.69 $1,778.91
SMITH COUNTY
Tax Year(s) Tax Amount Penalties and Interest Total Due
2020 $346.00 $127.50 $473.50
TOTALS: $346.00 $127.50 $473.50
SMITH COUNTY EMERGENCY SERVICES DISTRICT # 02
Tax Year(s) Tax Amount Penalties and Interest Total Due
2020 $72.30 $26.65 $98.95
TOTALS: $72.30 $26.65 $98.95
GRAND TOTAL FOR PROPERTY NO. 1: $2,351.36
Suit No. 26,679-A Page 2 Suit Key No. 2521503
Tract No. 2:
ACCT. NO.100000016300052000 ; 1.00 acre, more or less, situated in the Joseph Barnhart Survey,
Abstract 163, Smith County, Texas, as described in deed dated September 6, 1997, from Ross
Duncan et al, the heirs of Joe and Ruby Duncan, deceased to Robert S. Hicks et ux, in Volume
4015, Page 259, Official Records of Smith County, Texas.
TOTALS: $0.00 $0.00 $0.00
GRAND TOTAL FOR PROPERTY NO. 2: $0.00
The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which Plaintiff(s)
sues is $2,351.36, subject to additional taxes, penalties, interest, and attorney’s fees that accrue
subsequent to the filing of this petition.
IV.
All of the taxes were authorized by law and legally imposed in the county in which this suit is
brought. The taxes were imposed in the amount(s) stated above on each separately described property
for each year specified and on each person named, if known, who owned the property on January 1 of
the year for which the tax was imposed. Plaintiff(s) now has and asserts a lien on each tract of real
property and each item of personal property described herein to secure the payment of all taxes, penalties,
interest and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure, Plaintiff(s)
affirmatively avers that all things required by law to be done have been done properly by the appropriate
officials and all conditions precedent have been met.
V.
All of the property described above was, at the time the taxes were assessed, located within the
territorial boundaries of each taxing unit in whose behalf this suit is brought. All Defendants named in
this suit either owned the property that is the subject of this suit on January 1 of the year in which taxes
were imposed on said property, or owned or claimed an interest in or lien upon said property at the time
of the filing of this suit. The value of any personal property that may be described above, and against
which the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100 DOLLARS
($500.00).
VI.
The Law Firm represented by the attorney whose name is signed hereto is legally authorized and
empowered to institute and prosecute this action on behalf of Plaintiff(s). Plaintiff(s) should recover
attorney's fees as provided by law for the prosecution of this case, and such attorney's fees should be
taxed as costs.
VII.
Plaintiff(s) may have incurred certain expenses in the form of abstractor’s costs in procuring data
and information as to the name, identity and location of necessary parties, and in procuring necessary
legal descriptions of the property that is the subject of this suit. Said expenses, if incurred, are reasonable
and are in the following amount: $490.00. The abstractor's costs, if any be shown, should be taxed as
costs herein.
Suit No. 26,679-A Page 3 Suit Key No. 2521503
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff(s) requests that citation be issued and
served upon each Defendant named herein, commanding them to appear and answer herein in the time
and manner required by law. Plaintiff(s) further prays, upon final hearing in this cause, for foreclosure
of its liens against the above-described property securing the total amount of all delinquent taxes,
penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency
of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale. Plaintiff(s)
further prays for personal judgment against Defendant(s) who owned the property on January 1 of the
year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or will
become due on the property, together with attorney's fees and abstractor's fees. Plaintiff(s) further prays
for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and clear of any
right, title or interest owned or held by any of the named Defendants, at public auction in the manner
prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State of Texas,
to search out, seize, and sell sufficient property of the Defendant(s) against whom personal judgment
may be awarded to satisfy the lawful judgment sought herein. Finally, Plaintiff(s) prays for such other
and further relief, at law or in equity, to which it may show itself justly entitled.
Respectfully submitted,
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
1517 W. Front St. Suite 202
Tyler, TX 75702
(903) 597-2897
(903) 597-2402 - FAX
Jim L. Lambeth
State Bar No. 00793047
jim.lambeth@lgbs.com
Benjamin Kissee
State Bar No. 24096088
benjamin.kissee@lgbs.com
Richard Brand
State Bar No. 24091494
richard.brand@lgbs.com
Attorney for Plaintiffs
Suit No. 26,679-A Page 4 Suit Key No. 2521503
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been delivered in the
manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all parties or their attorneys in this cause,
on the 11th day of August, 2021, addressed as follows:
Robert S. Hicks
21026 County Road 145
Tyler, TX 75703-9126
Marie F. Hicks
21026 County Road 145
Tyler, TX 75703-9126
Jim L. Lambeth
State Bar No. 00793047
jim.lambeth@lgbs.com
Benjamin Kissee
State Bar No. 24096088
benjamin.kissee@lgbs.com
Richard Brand
State Bar No. 24091494
richard.brand@lgbs.com
Attorneys for Plaintiffs
Suit No. 26,679-A Page 5 Suit Key No. 2521503
Preview
Electronically Filed 8/26/2021 7:35 AM Penny Clarkston, Smith County District Clerk Reviewed By: Karen Hisel SUIT NO. 26,679-A WHITEHOUSE INDEPENDENT SCHOOL § IN THE DISTRICT COURT DISTRICT, ET AL § VS. § 7TH JUDICIAL DISTRICT § ROBERT S HICKS, ET AL § SMITH COUNTY, TEXAS PLAINTIFFS' FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: I. PLAINTIFF(S) This suit is brought for the recovery of delinquent ad valorem taxes under TEX. TAX CODE § 33.41 by the following named Plaintiff(s), whether one or more, each of which is a taxing unit and is legally constituted and authorized to impose and collect taxes on property: WHITEHOUSE INDEPENDENT SCHOOL DISTRICT, SMITH COUNTY and SMITH COUNTY EMERGENCY SERVICES DISTRICT # 02 The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of Civil Procedure. DEFENDANT(S) The following are named as Defendant(s) in this suit, and they may be served with notice of these claims by service of citation at the address and in the manner shown as follows: Robert S. Hicks , 21026 County Road 145, Tyler, TX 75703-9126; Marie F. Hicks, 21026 County Road 145, Tyler, TX 75703-9126; Austin Bank Texas, National Association, A Financial Institution, (In Rem Only), upon whom service may be obtained by serving its Registered Agent, Debbie Colville at 200 E. Commerce St., Jacksonville, TX 75766-4904 if living, and if any or all of the above named Defendant(s) be deceased, the unknown heirs of each or all of the said above named deceased persons; and the unknown owner or owners of the following described property; and the executors, administrators, guardians, legal representatives, devisees of the above named persons; and any and all other persons, including adverse claimants, owning or having any legal or equitable interest in or lien upon the below described property located in the county in which this suit is brought. The following taxing unit(s), whether one or more, is joined as a party herein as required by TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all or part of the same property described below: NONE. The foregoing named taxing unit(s), if any, is invited to add its claim by intervening herein. Suit No. 26,679-A Page 1 Suit Key No. 2521503 II. Claims for all taxes becoming delinquent on said property at any time subsequent to the filing of this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on same, are incorporated in this suit, and Plaintiff(s) is entitled to recover the same, upon proper proof, without further citation or notice. Plaintiff(s) is further entitled to recover each penalty that is incurred and all interest that accrues on all delinquent taxes imposed on the property from the date of judgment to the date of sale. III. As to each separately described property shown below, there are delinquent taxes, penalties, interest, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the amounts as follows, if paid August, 2021: PROPERTY AND AMOUNTS OWED Tract No. 1: ACCT. NO.100000016300051010 ; 105.00 feet by 210.00 feet, containing 0.506 acre, more or less, situated in the J. Barnhart Survey, Abstract 163, Smith County, Texas, as described in deed dated July 24, 1990, from Lessie Brooks, Guardiaan of the Estate of Mary Merida to Robert S. Hicks et ux, in Volume 3029, Page 264, Land Records of Smith County, Texas. WHITEHOUSE INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2019 $274.40 $138.99 $413.39 2020 $997.82 $367.70 $1,365.52 TOTALS: $1,272.22 $506.69 $1,778.91 SMITH COUNTY Tax Year(s) Tax Amount Penalties and Interest Total Due 2020 $346.00 $127.50 $473.50 TOTALS: $346.00 $127.50 $473.50 SMITH COUNTY EMERGENCY SERVICES DISTRICT # 02 Tax Year(s) Tax Amount Penalties and Interest Total Due 2020 $72.30 $26.65 $98.95 TOTALS: $72.30 $26.65 $98.95 GRAND TOTAL FOR PROPERTY NO. 1: $2,351.36 Suit No. 26,679-A Page 2 Suit Key No. 2521503 Tract No. 2: ACCT. NO.100000016300052000 ; 1.00 acre, more or less, situated in the Joseph Barnhart Survey, Abstract 163, Smith County, Texas, as described in deed dated September 6, 1997, from Ross Duncan et al, the heirs of Joe and Ruby Duncan, deceased to Robert S. Hicks et ux, in Volume 4015, Page 259, Official Records of Smith County, Texas. TOTALS: $0.00 $0.00 $0.00 GRAND TOTAL FOR PROPERTY NO. 2: $0.00 The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which Plaintiff(s) sues is $2,351.36, subject to additional taxes, penalties, interest, and attorney’s fees that accrue subsequent to the filing of this petition. IV. All of the taxes were authorized by law and legally imposed in the county in which this suit is brought. The taxes were imposed in the amount(s) stated above on each separately described property for each year specified and on each person named, if known, who owned the property on January 1 of the year for which the tax was imposed. Plaintiff(s) now has and asserts a lien on each tract of real property and each item of personal property described herein to secure the payment of all taxes, penalties, interest and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure, Plaintiff(s) affirmatively avers that all things required by law to be done have been done properly by the appropriate officials and all conditions precedent have been met. V. All of the property described above was, at the time the taxes were assessed, located within the territorial boundaries of each taxing unit in whose behalf this suit is brought. All Defendants named in this suit either owned the property that is the subject of this suit on January 1 of the year in which taxes were imposed on said property, or owned or claimed an interest in or lien upon said property at the time of the filing of this suit. The value of any personal property that may be described above, and against which the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100 DOLLARS ($500.00). VI. The Law Firm represented by the attorney whose name is signed hereto is legally authorized and empowered to institute and prosecute this action on behalf of Plaintiff(s). Plaintiff(s) should recover attorney's fees as provided by law for the prosecution of this case, and such attorney's fees should be taxed as costs. VII. Plaintiff(s) may have incurred certain expenses in the form of abstractor’s costs in procuring data and information as to the name, identity and location of necessary parties, and in procuring necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred, are reasonable and are in the following amount: $490.00. The abstractor's costs, if any be shown, should be taxed as costs herein. Suit No. 26,679-A Page 3 Suit Key No. 2521503 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff(s) requests that citation be issued and served upon each Defendant named herein, commanding them to appear and answer herein in the time and manner required by law. Plaintiff(s) further prays, upon final hearing in this cause, for foreclosure of its liens against the above-described property securing the total amount of all delinquent taxes, penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale. Plaintiff(s) further prays for personal judgment against Defendant(s) who owned the property on January 1 of the year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or will become due on the property, together with attorney's fees and abstractor's fees. Plaintiff(s) further prays for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and clear of any right, title or interest owned or held by any of the named Defendants, at public auction in the manner prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State of Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom personal judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Plaintiff(s) prays for such other and further relief, at law or in equity, to which it may show itself justly entitled. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 1517 W. Front St. Suite 202 Tyler, TX 75702 (903) 597-2897 (903) 597-2402 - FAX Jim L. Lambeth State Bar No. 00793047 jim.lambeth@lgbs.com Benjamin Kissee State Bar No. 24096088 benjamin.kissee@lgbs.com Richard Brand State Bar No. 24091494 richard.brand@lgbs.com Attorney for Plaintiffs Suit No. 26,679-A Page 4 Suit Key No. 2521503 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been delivered in the manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all parties or their attorneys in this cause, on the 11th day of August, 2021, addressed as follows: Robert S. Hicks 21026 County Road 145 Tyler, TX 75703-9126 Marie F. Hicks 21026 County Road 145 Tyler, TX 75703-9126 Jim L. Lambeth State Bar No. 00793047 jim.lambeth@lgbs.com Benjamin Kissee State Bar No. 24096088 benjamin.kissee@lgbs.com Richard Brand State Bar No. 24091494 richard.brand@lgbs.com Attorneys for Plaintiffs Suit No. 26,679-A Page 5 Suit Key No. 2521503