On March 02, 2021 a
Motion-Secondary
was filed
involving a dispute between
City Of Hitchcock,
College Of The Mainland,
Galveston County,
Hitchcock Independent School District,
and
Freeman, Georgia,
Freeman, Hattie E.,
for Tax Delinquency
in the District Court of Galveston County.
Preview
Received: 7/22/2021 9:05 AM
Envelope No. 55590307
SUIT NO. 21-TX-0129
GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT
§
VS. § 212TH JUDICIAL DISTRICT
§
HATTIE E. FREEMAN, ET AL § GALVESTON COUNTY, TEXAS
STATEMENT OF EVIDENCE
It is agreed by the parties to this cause by their attorneys of record that the following is a true and
full statement of evidence introduced, as well as the proceedings had in the trial of the above-styled and
numbered cause on this day, before the Tax Master for the District Courts of Galveston County, Texas.
GALVESTON COUNTY, CITY OF HITCHCOCK, HITCHCOCK INDEPENDENT SCHOOL
DISTRICT AND COLLEGE OF THE MAINLAND asked the Court to take judicial notice of the citation
by posting on file in this cause showing service on the Defendant(s):
Hattie E. Freeman (In Rem Only)
Georgia Freeman (In Rem Only)
GALVESTON COUNTY, CITY OF HITCHCOCK, HITCHCOCK INDEPENDENT
SCHOOL DISTRICT AND COLLEGE OF THE MAINLAND as Plaintiffs by and through Plaintiffs
attorney asked the Court to take judicial notice of the affidavit for citation by posting, the citation by posting
and the Officer's return on such citation, and, it appearing to the Court that service of the citation was by
posting at the door of the GALVESTON County Courthouse, in GALVESTON County, Texas, the Court
then proceeded to inquire into the sufficiency of the diligence exercised in attempting to ascertain the
residence or whereabouts of the defendant(s) cited by posting. Plaintiffs’ counsel offered testimony as to
the efforts undertaken in seeking the whereabouts of Defendant(s) and whether an inquiry was made of the
person(s) in possession of the land and those persons in the community who might reasonably be
expected to know the whereabouts of such defendant(s). And the Court being of the opinion that diligent
inquiry had been made.
Plaintiffs introduced certified tax records showing that taxes were properly assessed and unpaid
to Plaintiffs and reflecting the current appraised value of the property according to the most recent
appraisal roll approved by the GALVESTON Central Appraisal District.
The Court awarded the sum of $700.00 to the Attorney Ad Litem who filed an answer on behalf
of the Defendant(s) cited by posting.
The Attorney Ad Litem filed his report describing the actions he took to locate and represent the
interests of the defendant(s). The Court determined that the actions taken by the Attorney Ad Litem as
described in the report were sufficient to discharge the attorney’s duties to the defendant(s). The Court
rendered judgment in favor of the Plaintiffs, GALVESTON COUNTY, CITY OF HITCHCOCK,
HITCHCOCK INDEPENDENT SCHOOL DISTRICT AND COLLEGE OF THE MAINLAND
as more fully appears in said judgment duly entered in the minutes of the Court.
Suit No. 21-TX-0129 - JUDGMENT
Witness our signatures on the _______ day of ____________________, 2021.
Approved:
________________________________________
Mark E. Ciavaglia
State Bar No. 00787241
mark.ciavaglia@lgbs.com
Emily K. Watkins
State Bar No. 24052164
emily.watkins@lgbs.com
Attorney for Plaintiffs
________________________________________
Jeffrey Kilgore
State Bar No. 11399500
Attorney for Defendant(s) named above who
were served by means of citation by posting.
The above and foregoing statement of evidence adduced at the trial of this cause having been
examined and found to be correct is by me approved and signed as the original statement of evidence
required by Rule 244, Texas Rules of Civil Procedure, on the date stated above.
RECOMMENDED on the _______ day of ________________________, 2021.
Thomas W. McQuage
Tax Master for the District Courts
of Galveston County, Texas
Signed this _______ day of ____________________, 2021.
________________________________________
Judge Presiding
Suit No. 21-TX-0129 - JUDGMENT
Document Filed Date
July 22, 2021
Case Filing Date
March 02, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Received: 7/22/2021 9:05 AM Envelope No. 55590307 SUIT NO. 21-TX-0129 GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT § VS. § 212TH JUDICIAL DISTRICT § HATTIE E. FREEMAN, ET AL § GALVESTON COUNTY, TEXAS STATEMENT OF EVIDENCE It is agreed by the parties to this cause by their attorneys of record that the following is a true and full statement of evidence introduced, as well as the proceedings had in the trial of the above-styled and numbered cause on this day, before the Tax Master for the District Courts of Galveston County, Texas. GALVESTON COUNTY, CITY OF HITCHCOCK, HITCHCOCK INDEPENDENT SCHOOL DISTRICT AND COLLEGE OF THE MAINLAND asked the Court to take judicial notice of the citation by posting on file in this cause showing service on the Defendant(s): Hattie E. Freeman (In Rem Only) Georgia Freeman (In Rem Only) GALVESTON COUNTY, CITY OF HITCHCOCK, HITCHCOCK INDEPENDENT SCHOOL DISTRICT AND COLLEGE OF THE MAINLAND as Plaintiffs by and through Plaintiffs attorney asked the Court to take judicial notice of the affidavit for citation by posting, the citation by posting and the Officer's return on such citation, and, it appearing to the Court that service of the citation was by posting at the door of the GALVESTON County Courthouse, in GALVESTON County, Texas, the Court then proceeded to inquire into the sufficiency of the diligence exercised in attempting to ascertain the residence or whereabouts of the defendant(s) cited by posting. Plaintiffs’ counsel offered testimony as to the efforts undertaken in seeking the whereabouts of Defendant(s) and whether an inquiry was made of the person(s) in possession of the land and those persons in the community who might reasonably be expected to know the whereabouts of such defendant(s). And the Court being of the opinion that diligent inquiry had been made. Plaintiffs introduced certified tax records showing that taxes were properly assessed and unpaid to Plaintiffs and reflecting the current appraised value of the property according to the most recent appraisal roll approved by the GALVESTON Central Appraisal District. The Court awarded the sum of $700.00 to the Attorney Ad Litem who filed an answer on behalf of the Defendant(s) cited by posting. The Attorney Ad Litem filed his report describing the actions he took to locate and represent the interests of the defendant(s). The Court determined that the actions taken by the Attorney Ad Litem as described in the report were sufficient to discharge the attorney’s duties to the defendant(s). The Court rendered judgment in favor of the Plaintiffs, GALVESTON COUNTY, CITY OF HITCHCOCK, HITCHCOCK INDEPENDENT SCHOOL DISTRICT AND COLLEGE OF THE MAINLAND as more fully appears in said judgment duly entered in the minutes of the Court. Suit No. 21-TX-0129 - JUDGMENT Witness our signatures on the _______ day of ____________________, 2021. Approved: ________________________________________ Mark E. Ciavaglia State Bar No. 00787241 mark.ciavaglia@lgbs.com Emily K. Watkins State Bar No. 24052164 emily.watkins@lgbs.com Attorney for Plaintiffs ________________________________________ Jeffrey Kilgore State Bar No. 11399500 Attorney for Defendant(s) named above who were served by means of citation by posting. The above and foregoing statement of evidence adduced at the trial of this cause having been examined and found to be correct is by me approved and signed as the original statement of evidence required by Rule 244, Texas Rules of Civil Procedure, on the date stated above. RECOMMENDED on the _______ day of ________________________, 2021. Thomas W. McQuage Tax Master for the District Courts of Galveston County, Texas Signed this _______ day of ____________________, 2021. ________________________________________ Judge Presiding Suit No. 21-TX-0129 - JUDGMENT