Preview
Filed: 7/1/2022 5:43 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 65990771
By: Monique McNeal
7/5/2022 10:15 AM
CAUSE NO. 21-TX-0003
GALVESTON COUNTY, ET AL, § IN THE DISTRICT OF
PLAINTIFF §
§
V. § GALVESTON COUNTY, TEXAS
§
MARK ANDREW MILLER, ET AL, §
DEFENDANTS § 212TH DISTRICT COURT
PETITION FOR DISBURSEMENT OF EXCESS PROCEEDS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Mark A Miller and Laura Marie Richmond (“Petitioners”), pursuant to
§34.04 of the Texas Property Tax Code, files this petition for disbursement of excess proceeds. In
support, Petitioner would show as follows:
1. This is a proceeding to assert a claim for excess proceeds in the above-entitled cause. The excess
proceeds arose from the tax sale of the property that is the subject of this lawsuit and are being
held in the Registry of the Court.
2. On October 11, 2021, Plaintiffs were awarded judgment for delinquent taxes and for foreclosure
of their tax liens on the subject real property against Petitioner.
3. On December 10,2021, pursuant to the Order of Sale signed by this Court, the subject real property
was sold to the highest bidder, leaving the sum of approximate $65,000.00 as excess proceeds
deposited into the Registry of the Court. As of March 14, 2022, $55,709.77 remain within the
registry of the Court.
4. To the best of Petitioner's knowledge, Galveston County, Texas City ISD, and State of Texas all
have or had interests in the excess proceeds superior to Petitioners’ claims. Citibank (South
Dakota), N.A. does not have any claims to the excess proceeds because the “Mark A. Miller”
named in that lawsuit (“Other Mark”) is not the same person as Petitioner Mark A. Miller. The
Other Mark had an abstract of judgment recorded against him on February 21, 2011. See Exhibit
A at 1. Petitioner Mark A. Miller’s social security number ends with 794. The Other Mark has a
social security number ends in 674. Ex. A at 2. In addition, Petitioner Mark A. Miller resided at
102 5th Ave. North, Texas City, TX 77590, the subject property of this instant cause. The Other
Mark resided in 2104 Autumn Cove Dr., League City, TX 77573. Ex. A at 1.
21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al
Pet. Disburs. Ex. Proce. Page |1
5. The Texas Property Tax Code provides that the former owner of the property is entitled to a
disbursement of the excess proceeds. See Tex. Property Tax Code §34.04. Petitioners were the
former owners of the subject property by virtue of a warranty deed filed in the Harris County
property records on March 1, 2013, under File No. 2013013343. See Exhibit B, which was filed
contemporaneously with this petition and is incorporated herein by reference.
6. Petitioner Mark A. Miller currently owes the sum amount of at least $18,463.15 to the Office of
the Attorney General for child support. This amount should be taken from his share of the proceeds
since this amount represents his share of the duty of support. It would be inequitable to pay these
child support arrears from Petitioner Laura Marie Richmond’s share.
7. Petitioners are therefore entitled to withdraw 100% of the excess proceeds from the Registry of
the Court, less the amounts owed to Galveston County, Texas City ISD, and the State of Texas,
and respectfully moves this Court to order the District Clerk to issue disburse the excess proceeds
to Petitioners as follows.
8. Mark A. Miller is entitled to 50% of the excess proceeds, less the amounts owed to the State of
Texas for child support and to Galveston County and Texas City ISD for post-judgment taxes.
9. Laura Marie Richmond is entitled to 50% of the excess proceeds, less the amounts owed to
Galveston County and Texas City ISD for post judgment taxes.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that upon the final hearing
that:
a. The Court finds that Mark A Miller is a former owner of the subject property with a 50%
interest.
b. The Court finds that Mark A Miller is entitled to recover 50% of the excess proceeds on
deposit in the Registry of the Court in the amount of $9,391.73, less the amounts owed to the
State of Texas for child support; and
c. The Court finds that Laura Marie Richmond is a former owner of the subject property with a
50% interest
d. The Court finds that Laura Marie Richmond is entitled to recover 50% of the excess
proceeds on deposit in the Registry of the Court in the amount of $27,854.85.
e. The Court orders the Galveston County District Clerk to pay Mark A. Miller’s share of the
excess proceeds from the Registry of the Court to Quadros Migl & Crosby, PLLC IOLTA f/b/o
Mark A. Miller and,
21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al
Pet. Disburs. Ex. Proce. Page |2
f. The Court orders the Galveston County District Clerk to pay Laura Marie Richmond’s
share of the excess proceeds from the Registry of the Court to Quadros Migl &Crosby, PLLC.
IOLTA f/b/o Laura Marie Richmond.
Respectfully submitted,
/s/ Jerel W. Ehlert II
Jerel W. Ehlert II, Attorney
TBN: 24089000
FBN: 3099187
Jehlert@qmclaw.com
Ricardo J. Salinas
TBN: 24108385
Rsalinas@qmclaw.com
Quadros Migl & Crosby, PLLC
600 W. 28th St., Ste. 103
Austin, Texas 78705
Tel. (512) 686-1480
21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al
Pet. Disburs. Ex. Proce. Page |3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been sent via
electronic mail to the following on July 1, 2022.
Mark E. Ciavaglia
Emily K. Watkins
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
518 – 9th Avenue North
Texas City, TX 77590
Lindsey McGray
Assistant Attorney General
Child Support Division – Special Collections Unit
P.O. Box 12027, MC 590
Austin, TX 78711
/s/ Jerel W. Ehlert II
Jerel W. Ehlert II, Attorney
TBN: 24089000
FBN: 3099187
Jehlert@qmclaw.com
Ricardo J. Salinas
TBN: 24108385
rsalinas@qmclaw.com
Quadros Migl & Crosby, PLLC.
600 W. 28th St., Ste. 103
Austin, Texas 78705
Tel. (512) 686-1480
21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al
Pet. Disburs. Ex. Proce. Page |4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Roselin Flores on behalf of Ricardo Salinas
Bar No. 24108385
rflores@qmclaw.com
Envelope ID: 65990771
Status as of 7/5/2022 10:16 AM CST
Associated Case Party: Galveston County
Name BarNumber Email TimestampSubmitted Status
Mark Edmund Ciavaglia 787241 mark.ciavaglia@lgbs.com 7/1/2022 5:43:49 PM SENT
Associated Case Party: The State of Texas
Name BarNumber Email TimestampSubmitted Status
Lindsey McGray CSD-Legal-590@oag.texas.gov 7/1/2022 5:43:49 PM SENT
Lindsey McGray scu-mgt@texasattorneygeneral.gov 7/1/2022 5:43:49 PM SENT
Preview
Filed: 7/1/2022 5:43 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 65990771 By: Monique McNeal 7/5/2022 10:15 AM CAUSE NO. 21-TX-0003 GALVESTON COUNTY, ET AL, § IN THE DISTRICT OF PLAINTIFF § § V. § GALVESTON COUNTY, TEXAS § MARK ANDREW MILLER, ET AL, § DEFENDANTS § 212TH DISTRICT COURT PETITION FOR DISBURSEMENT OF EXCESS PROCEEDS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Mark A Miller and Laura Marie Richmond (“Petitioners”), pursuant to §34.04 of the Texas Property Tax Code, files this petition for disbursement of excess proceeds. In support, Petitioner would show as follows: 1. This is a proceeding to assert a claim for excess proceeds in the above-entitled cause. The excess proceeds arose from the tax sale of the property that is the subject of this lawsuit and are being held in the Registry of the Court. 2. On October 11, 2021, Plaintiffs were awarded judgment for delinquent taxes and for foreclosure of their tax liens on the subject real property against Petitioner. 3. On December 10,2021, pursuant to the Order of Sale signed by this Court, the subject real property was sold to the highest bidder, leaving the sum of approximate $65,000.00 as excess proceeds deposited into the Registry of the Court. As of March 14, 2022, $55,709.77 remain within the registry of the Court. 4. To the best of Petitioner's knowledge, Galveston County, Texas City ISD, and State of Texas all have or had interests in the excess proceeds superior to Petitioners’ claims. Citibank (South Dakota), N.A. does not have any claims to the excess proceeds because the “Mark A. Miller” named in that lawsuit (“Other Mark”) is not the same person as Petitioner Mark A. Miller. The Other Mark had an abstract of judgment recorded against him on February 21, 2011. See Exhibit A at 1. Petitioner Mark A. Miller’s social security number ends with 794. The Other Mark has a social security number ends in 674. Ex. A at 2. In addition, Petitioner Mark A. Miller resided at 102 5th Ave. North, Texas City, TX 77590, the subject property of this instant cause. The Other Mark resided in 2104 Autumn Cove Dr., League City, TX 77573. Ex. A at 1. 21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al Pet. Disburs. Ex. Proce. Page |1 5. The Texas Property Tax Code provides that the former owner of the property is entitled to a disbursement of the excess proceeds. See Tex. Property Tax Code §34.04. Petitioners were the former owners of the subject property by virtue of a warranty deed filed in the Harris County property records on March 1, 2013, under File No. 2013013343. See Exhibit B, which was filed contemporaneously with this petition and is incorporated herein by reference. 6. Petitioner Mark A. Miller currently owes the sum amount of at least $18,463.15 to the Office of the Attorney General for child support. This amount should be taken from his share of the proceeds since this amount represents his share of the duty of support. It would be inequitable to pay these child support arrears from Petitioner Laura Marie Richmond’s share. 7. Petitioners are therefore entitled to withdraw 100% of the excess proceeds from the Registry of the Court, less the amounts owed to Galveston County, Texas City ISD, and the State of Texas, and respectfully moves this Court to order the District Clerk to issue disburse the excess proceeds to Petitioners as follows. 8. Mark A. Miller is entitled to 50% of the excess proceeds, less the amounts owed to the State of Texas for child support and to Galveston County and Texas City ISD for post-judgment taxes. 9. Laura Marie Richmond is entitled to 50% of the excess proceeds, less the amounts owed to Galveston County and Texas City ISD for post judgment taxes. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that upon the final hearing that: a. The Court finds that Mark A Miller is a former owner of the subject property with a 50% interest. b. The Court finds that Mark A Miller is entitled to recover 50% of the excess proceeds on deposit in the Registry of the Court in the amount of $9,391.73, less the amounts owed to the State of Texas for child support; and c. The Court finds that Laura Marie Richmond is a former owner of the subject property with a 50% interest d. The Court finds that Laura Marie Richmond is entitled to recover 50% of the excess proceeds on deposit in the Registry of the Court in the amount of $27,854.85. e. The Court orders the Galveston County District Clerk to pay Mark A. Miller’s share of the excess proceeds from the Registry of the Court to Quadros Migl & Crosby, PLLC IOLTA f/b/o Mark A. Miller and, 21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al Pet. Disburs. Ex. Proce. Page |2 f. The Court orders the Galveston County District Clerk to pay Laura Marie Richmond’s share of the excess proceeds from the Registry of the Court to Quadros Migl &Crosby, PLLC. IOLTA f/b/o Laura Marie Richmond. Respectfully submitted, /s/ Jerel W. Ehlert II Jerel W. Ehlert II, Attorney TBN: 24089000 FBN: 3099187 Jehlert@qmclaw.com Ricardo J. Salinas TBN: 24108385 Rsalinas@qmclaw.com Quadros Migl & Crosby, PLLC 600 W. 28th St., Ste. 103 Austin, Texas 78705 Tel. (512) 686-1480 21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al Pet. Disburs. Ex. Proce. Page |3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been sent via electronic mail to the following on July 1, 2022. Mark E. Ciavaglia Emily K. Watkins LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 518 – 9th Avenue North Texas City, TX 77590 Lindsey McGray Assistant Attorney General Child Support Division – Special Collections Unit P.O. Box 12027, MC 590 Austin, TX 78711 /s/ Jerel W. Ehlert II Jerel W. Ehlert II, Attorney TBN: 24089000 FBN: 3099187 Jehlert@qmclaw.com Ricardo J. Salinas TBN: 24108385 rsalinas@qmclaw.com Quadros Migl & Crosby, PLLC. 600 W. 28th St., Ste. 103 Austin, Texas 78705 Tel. (512) 686-1480 21-TX-0003, Galveston County, Et Al v. Mark Andrew Miller, Et Al Pet. Disburs. Ex. Proce. Page |4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Roselin Flores on behalf of Ricardo Salinas Bar No. 24108385 rflores@qmclaw.com Envelope ID: 65990771 Status as of 7/5/2022 10:16 AM CST Associated Case Party: Galveston County Name BarNumber Email TimestampSubmitted Status Mark Edmund Ciavaglia 787241 mark.ciavaglia@lgbs.com 7/1/2022 5:43:49 PM SENT Associated Case Party: The State of Texas Name BarNumber Email TimestampSubmitted Status Lindsey McGray CSD-Legal-590@oag.texas.gov 7/1/2022 5:43:49 PM SENT Lindsey McGray scu-mgt@texasattorneygeneral.gov 7/1/2022 5:43:49 PM SENT