On September 07, 2022 a
Proof of Service
was filed
involving a dispute between
Big Tex Air Conditioning, Inc.,
Taylor Morrison Of Texas, Inc.,
Taylor Woodrow Communities - League City, Ltd.,
Sutherland, Terri,
Sutherland, Wayne,
and
Arnulfo Rodriguez Roofing Co., Inc.,
Bfs Group, Llc As Successor In Interest To Builders Firstsource South Texas, Lp,
Big Tex Air Conditioning, Inc.,
City Framers, Llc,
Installed Building Products Of Houston, Llc,
L&W Weatherstripping, Llc,
Rosenberg Plumbing Service, Inc.,
Wisenbaker Builder Services, Ltd.,
Taylor Morrison Of Texas, Inc.,
Taylor Woodrow Communities - League City, Ltd.,
for Injury/Damage - Other
in the District Court of Galveston County.
Preview
Filed: 2/10/2023 9:00 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 72636660
By: Sandra Orizaga
2/10/2023 9:03 AM
CAUSE NO. 22-CV-1731
WAYNE SUTHERLAND, ET AL §
PLAINTIFF §
§
VS. § IN THE 10th District Court
§
TAYLOR MORRISON OF TEXAS, INC., ET AL GALVESTON COUNTY, TX
§
DEFENDANT/THIRD-PARTY PLAINTIFFS
§
VS. §
§
BIG TEX AIR CONDITIONING, INC., §
THIRD-PARTY DEFENDANTS §
§
RETURN OF SERVICE
ON Thursday, January 26, 2023 AT 2:53 PM
CITATION, THE DISTRICT OF GALVESTON COUNTY, TEXAS STATUS CONFERENCE NOTICE, THIRD-
PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF BIG TEX AIR CONDITIONING, INC.’S FOURTH-PARTY
PETITION SUBJECT TO ARBITRATION for service on ROSENBERG PLUMBING SERVICE, INC. C/O
REGISTERED AGENT GRACE YVETTE GARCIA came to hand.
On Wednesday, February 1, 2023 at 2:13 PM, at 2321 WEHRING RD., ROSENBERG, FORT
BEND COUNTY, TX 77471, Spoke with Joe who said that Grace wasn't in and her son wasn't there
either to accept service. Left notification.
ON Wednesday, February 8, 2023 AT 4:20 PM, I, Justin Schmick, PERSONALLY
DELIVERED THE ABOVE-NAMED DOCUMENTS TO: ROSENBERG PLUMBING SERVICE, INC. C/O
REGISTERED AGENT GRACE YVETTE GARCIA, by delivering to GRACE YVETTE GARCIA, 2321
WEHRING RD., ROSENBERG, FORT BEND COUNTY, TX 77471.
My name is Justin Schmick. My address is 5205 W. Broadway St, #104, Pearland, TX 77581. I am
a private process server certified by the Texas Judicial Branch Certification Commission (PSC
12078, expires 6/30/2023). My e-mail address is info@easy-serve.com. My date of birth is
1/4/1983. I am in all ways competent to make this statement, and this statement is based on
personal knowledge. I am not a party to this case and have no interest in its outcome. I declare
under penalty of perjury that the foregoing is true and correct.
Executed in Brazoria COUNTY, TX on Friday, February 10, 2023.
/S/ Justin Schmick
1112-103
Doc ID: 305365_1
CITATION
- - - - - - - -
THE STATE OF TEXAS
WAYNE SUTHERLAND, ET AL VS. TAYLOR MORRISON OF Cause No.: 22‐CV‐1731
TEXAS, INC., ET AL 10th District Court of Galveston County
TO: Rosenberg Plumbing Service, Inc.
Registered Agent, Grace Yvette Garcia
2321 Wehring Rd.
Rosenberg, TX 77471
GREETINGS: YOU HAVE BEEN SUED. You may employ an attorney. If you or your attorney do not file a written answer with the Clerk
who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days from the date you were served this
citation and petition/motion, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you
may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30
days after you file your answer with the clerk. Find out more at TexasLawHelp.org.
Said written answer may be filed by mailing same to: District Clerk's Office, 600 59th Street, Suite 4001, Galveston, Texas 77551‐2388.
The case is presently pending before the 10th District Court of Galveston County sitting in Galveston, Texas, and the Third Party Petition
was filed October 24, 2022. It bears cause number 22‐CV‐1731 and see the attached petition/motion for named parties to the suit.
Issued and given under my hand and the seal of said court at Galveston, Texas, on this the 26th day of January, 2023.
Issued at the request of: John D. Kinard, District Clerk
Amy L. Nilsen Galveston County, Texas
Johnson, Trent & Taylor, LLP
919 Milam, Suite 1500
Houston TX 77002
By Elissa Alvarado, Deputy
The District Courts of Galveston County, Texas Status Conference Notice
Please calendar this event
All Status Conferences will be set for Thursdays (subject to exceptions for county holidays)
Court Name Status Conference Time Court Phone Number
th
10 District Court @ 9:00 A.M. 409‐766‐2230 Fax 409‐770‐5266
th
56 District Court @ 9:30 A.M. 409‐766‐2226 Fax 409‐770‐5264
nd
122 District Court @ 9:30 A.M. 409‐766‐2275 Fax 409‐770‐6265
th
212 District Court @ 9:00 A.M. 409‐ 766‐2266 Fax 409‐765‐2610
405th District Court @ 10:00 A.M. 409‐765‐2688 Fax 409‐765‐2689
Date :02/02/2023 set in the 10th District Court ‐ Judge Kerry Neves
RETURN OF SERVICE
Case No. 22‐CV‐1731 In the 10th District Court
Wayne Sutherland, Et Al vs. Taylor Morrison of Texas, Inc., Et Al
Come to hand on _______________________ at ______ o’clock _____.m., and executed in ________________________County,
Texas by delivering to each of the within named party in person, a true copy of the CITATION with the delivery endorsed thereon,
together with the accompanying copy of the Third Party Petition at the following times and places, to wit:
To: Rosenberg Plumbing Service, Inc.
Registered Agent, Grace Yvette Garcia
2321 Wehring Rd.
Rosenberg, TX 77471
SERVED: ADDRESS/LOCATION
DATE TIME PLACE, COURSE, AND DISTANCE FROM COURT HOUSE MILEAGE
and NOT executed as to said above named defendant for the reasons shown below:
The diligence used in finding said within named defendant and the cause or failure to execute this process is for the following
reason:______________________________________________________________________________________________________
____________________________________________________________________________________________________________
FEES: Serving CITATION and copy $_____________
Mileage _______ miles @ $__________ per mile Total $___________
TOTAL FEES AND MILEAGE $
Signed on _____________day of ________________________, 20________________________________________________Officer
__________________________________________________County, TX
______________________________________Deputy /Officer Signature
COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF COURT
In accordance with rule 107 (c).The officer or authorized person who serves, or attempts to serve, a citation shall sign the return.
The signature is not required to be verified. If the return is signed by a person other than a sheriff, constable, or clerk of the court
the return shall be signed under penalty of perjury and contain the following statement.
“My name is _____________________________________________________________, my date of birth is__________________
(First) (Middle) (Last)
And my address is _________________________________________________________________________________________
Street, City, State, Zip, County
“I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.”
Executed in ______________________________ County, State of ______________________, on __________________________.
Declarant/Authorized Process Server Signature ID# and expiration of certification
Preview
Filed: 2/10/2023 9:00 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 72636660 By: Sandra Orizaga 2/10/2023 9:03 AM CAUSE NO. 22-CV-1731 WAYNE SUTHERLAND, ET AL § PLAINTIFF § § VS. § IN THE 10th District Court § TAYLOR MORRISON OF TEXAS, INC., ET AL GALVESTON COUNTY, TX § DEFENDANT/THIRD-PARTY PLAINTIFFS § VS. § § BIG TEX AIR CONDITIONING, INC., § THIRD-PARTY DEFENDANTS § § RETURN OF SERVICE ON Thursday, January 26, 2023 AT 2:53 PM CITATION, THE DISTRICT OF GALVESTON COUNTY, TEXAS STATUS CONFERENCE NOTICE, THIRD- PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF BIG TEX AIR CONDITIONING, INC.’S FOURTH-PARTY PETITION SUBJECT TO ARBITRATION for service on ROSENBERG PLUMBING SERVICE, INC. C/O REGISTERED AGENT GRACE YVETTE GARCIA came to hand. On Wednesday, February 1, 2023 at 2:13 PM, at 2321 WEHRING RD., ROSENBERG, FORT BEND COUNTY, TX 77471, Spoke with Joe who said that Grace wasn't in and her son wasn't there either to accept service. Left notification. ON Wednesday, February 8, 2023 AT 4:20 PM, I, Justin Schmick, PERSONALLY DELIVERED THE ABOVE-NAMED DOCUMENTS TO: ROSENBERG PLUMBING SERVICE, INC. C/O REGISTERED AGENT GRACE YVETTE GARCIA, by delivering to GRACE YVETTE GARCIA, 2321 WEHRING RD., ROSENBERG, FORT BEND COUNTY, TX 77471. My name is Justin Schmick. My address is 5205 W. Broadway St, #104, Pearland, TX 77581. I am a private process server certified by the Texas Judicial Branch Certification Commission (PSC 12078, expires 6/30/2023). My e-mail address is info@easy-serve.com. My date of birth is 1/4/1983. I am in all ways competent to make this statement, and this statement is based on personal knowledge. I am not a party to this case and have no interest in its outcome. I declare under penalty of perjury that the foregoing is true and correct. Executed in Brazoria COUNTY, TX on Friday, February 10, 2023. /S/ Justin Schmick 1112-103 Doc ID: 305365_1 CITATION - - - - - - - - THE STATE OF TEXAS WAYNE SUTHERLAND, ET AL VS. TAYLOR MORRISON OF Cause No.: 22‐CV‐1731 TEXAS, INC., ET AL 10th District Court of Galveston County TO: Rosenberg Plumbing Service, Inc. Registered Agent, Grace Yvette Garcia 2321 Wehring Rd. Rosenberg, TX 77471 GREETINGS: YOU HAVE BEEN SUED. You may employ an attorney. If you or your attorney do not file a written answer with the Clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days from the date you were served this citation and petition/motion, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Said written answer may be filed by mailing same to: District Clerk's Office, 600 59th Street, Suite 4001, Galveston, Texas 77551‐2388. The case is presently pending before the 10th District Court of Galveston County sitting in Galveston, Texas, and the Third Party Petition was filed October 24, 2022. It bears cause number 22‐CV‐1731 and see the attached petition/motion for named parties to the suit. Issued and given under my hand and the seal of said court at Galveston, Texas, on this the 26th day of January, 2023. Issued at the request of: John D. Kinard, District Clerk Amy L. Nilsen Galveston County, Texas Johnson, Trent & Taylor, LLP 919 Milam, Suite 1500 Houston TX 77002 By Elissa Alvarado, Deputy The District Courts of Galveston County, Texas Status Conference Notice Please calendar this event All Status Conferences will be set for Thursdays (subject to exceptions for county holidays) Court Name Status Conference Time Court Phone Number th 10 District Court @ 9:00 A.M. 409‐766‐2230 Fax 409‐770‐5266 th 56 District Court @ 9:30 A.M. 409‐766‐2226 Fax 409‐770‐5264 nd 122 District Court @ 9:30 A.M. 409‐766‐2275 Fax 409‐770‐6265 th 212 District Court @ 9:00 A.M. 409‐ 766‐2266 Fax 409‐765‐2610 405th District Court @ 10:00 A.M. 409‐765‐2688 Fax 409‐765‐2689 Date :02/02/2023 set in the 10th District Court ‐ Judge Kerry Neves RETURN OF SERVICE Case No. 22‐CV‐1731 In the 10th District Court Wayne Sutherland, Et Al vs. Taylor Morrison of Texas, Inc., Et Al Come to hand on _______________________ at ______ o’clock _____.m., and executed in ________________________County, Texas by delivering to each of the within named party in person, a true copy of the CITATION with the delivery endorsed thereon, together with the accompanying copy of the Third Party Petition at the following times and places, to wit: To: Rosenberg Plumbing Service, Inc. Registered Agent, Grace Yvette Garcia 2321 Wehring Rd. Rosenberg, TX 77471 SERVED: ADDRESS/LOCATION DATE TIME PLACE, COURSE, AND DISTANCE FROM COURT HOUSE MILEAGE and NOT executed as to said above named defendant for the reasons shown below: The diligence used in finding said within named defendant and the cause or failure to execute this process is for the following reason:______________________________________________________________________________________________________ ____________________________________________________________________________________________________________ FEES: Serving CITATION and copy $_____________ Mileage _______ miles @ $__________ per mile Total $___________ TOTAL FEES AND MILEAGE $ Signed on _____________day of ________________________, 20________________________________________________Officer __________________________________________________County, TX ______________________________________Deputy /Officer Signature COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF COURT In accordance with rule 107 (c).The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is not required to be verified. If the return is signed by a person other than a sheriff, constable, or clerk of the court the return shall be signed under penalty of perjury and contain the following statement. “My name is _____________________________________________________________, my date of birth is__________________ (First) (Middle) (Last) And my address is _________________________________________________________________________________________ Street, City, State, Zip, County “I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.” Executed in ______________________________ County, State of ______________________, on __________________________. Declarant/Authorized Process Server Signature ID# and expiration of certification