Preview
Filed: 1/11/2021 8:15 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 49563925
By: Monique McNeal
21-TX-0003
SUIT NO. ___________________________ 1/11/2021 11:30 AM
GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT
Galveston
§ County - 212th District Court
VS. § __________ JUDICIAL DISTRICT
§
MARK ANDREW MILLER, ET AL § GALVESTON COUNTY, TEXAS
ORIGINAL 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:
GALVESTON COUNTY, CITY OF TEXAS CITY, TEXAS CITY INDEPENDENT SCHOOL
DISTRICT and COLLEGE OF THE MAINLAND
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:
Mark Andrew Miller, 102 5th Ave. N, Texas City, TX 77590-7841;
Laura Marie Miller, aka Laura Marie Richmond, 1501 31st St. N, Texas City, TX 77590-5161;
Citibank (South Dakota), N.A., A Financial Institution, (In Rem Only), whose home office address
is 701 E. 60th Street North, Sioux Falls, SD 57117-0432, who has failed to register as a filing entity
with the Texas Secretary of State, and upon whom service may be obtained by serving the Texas
Secretary of State as its agent for service pursuant to Section 17.091, TEX. CIV. PRAC. AND
REM. CODE, at Citations Unit, 1019 Brazos St., James Earl Rudder Building (78701), P.O. Box
12079, Austin, Texas 78711-2079;
The State of Texas, (In Rem Only), against whom foreclosure only is sought herein, said state
having acquired its interest in the subject property through the office of the Attorney General of
the State of Texas by virtue of of Galveston County, Texas, upon whom service may be obtained
by serving Honorable Ken Paxton, Attorney General for the State of Texas or his designee for
service of process, 300 West 15th Street, Austin, Texas 78701
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
Suit Key No. 2536458
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.
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 in December, 2020:
PROPERTY AND AMOUNTS OWED
ACCT. NO. 703001040007000 (224576); Lots Seven (7) and Eight (8), in Block One Hundred Four
(104), of TEXAS CITY, SECOND DIVISION, a subdivision in Galveston County, Texas,
according to the map or plat thereof recorded in Volume 134, Page 12 and transferred to PLat
Record 10, Map No. 33, in the Office of the County Clerk of Galveston County, Texas.
TOTAL DUE $5,996.67
The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which
Plaintiff(s) sues is $5,996.67, 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.
Suit Key No. 2536458
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: $250.00. The abstractor's costs, if any be shown, should be taxed as
costs herein.
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
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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
518 - 9TH AVENUE NORTH (77590)
PO BOX 2789
TEXAS CITY, TX 77592-2789
(409) 948-3401
(409) 945-9814 - FAX
Mark E. Ciavaglia
State Bar No. 00787241
mark.ciavaglia@lgbs.com
Emily K. Watkins
State Bar No. 24052164
emily.watkins@lgbs.com
Attorneys for Plaintiffs
Suit Key No. 2536458