On September 22, 2017 a
Letter,Correspondence
was filed
involving a dispute between
Smith County,
Smith County Emergency Services District # 02,
Tyler Junior College,
Winona Independent School District,
and
Vestal, Michael R.,
for Tax Cases
in the District Court of Smith County.
Preview
Electronically Filed
9/9/2019 9:59 AM
Penny Clarkston, Smith County District Clerk
Reviewed By: Karen Hisel
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
ATTORNEYS AT LAW
1517 W. Front St. Suite 202
Tyler, TX 75702
_______________
(903) 597-2897
(903) 597-2402 - FAX
August 19, 2019
John R. Jarvis
Attorney at Law
326 S Fannin
Tyler, TX 75702
RE: SUIT NO. 25,645-A, WINONA INDEPENDENT SCHOOL DISTRICT, ET AL vs.
MICHAEL R. VESTAL, AKA MICHAEL RAY VESTAL
Dear John R. Jarvis:
Enclosed please find a copy of the Original Petition, Affidavit for Citation by posting, Citation
by posting and Answer of Defendants Cited by posting for the above referenced cause number(s) in
which you have been appointed Attorney Ad Litem.
Included is a proposed ad litem report in the form of an affidavit. As you are likely aware, the 84th
Regular Session of the Texas Legislature passed House Bill 2710 by Thompson that added section
33.475 of the Texas Property Tax Code. Section 33.475 states:
AN ACT
relating to the duty of an attorney ad litem to locate and represent a defendant in a suit to
collect a delinquent ad valorem tax. BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 33, Tax Code, is amended by adding Section 33.475
to read as follows: Sec. 33.475. ATTORNEY AD LITEM REPORT; APPROVAL OF
FEES.
(a) In a suit to collect a delinquent tax, an attorney ad litem appointed by a court to represent
the interests of a defendant served with process by means of citation by publication or
posting shall submit to the court a report describing the actions taken by the attorney ad
litem to locate and represent the interests of the defendant.
(b) The court may not approve the fees of the attorney ad litem until the attorney ad litem
submits the report required by this section and the court determines 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.
SECTION 2. The changes in law made by this Act apply only to an attorney ad litem
appointed to represent the interests of a defendant in a delinquent tax suit on or after the
effective date of this Act. An attorney ad litem appointed to represent the interests of a
defendant in a delinquent tax suit before the effective date of this Act is governed by the
law in effect on the date the attorney was appointed, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.
The trial for this case has been set for Monday, September 16, 2019, at 1:30 p.m., in the 7th
Judicial District Courtroom of Smith County Courthouse in Tyler, Texas.
If you have any questions regarding this case, please feel free to contact our office.
Sincerely,
Jim L. Lambeth
Attorney at Law
JLL\srm
Enclosure(s)
cc:
Penny Clarkston
District Clerk, Smith County
100 N Broadway #204
Tyler, TX 75702
Gary B. Barber
Tax Assessor-Collector, Smith County
PO Box 2011
Tyler, TX 75710
Certified Mail # 7018 1830 0001 6763 1473
Document Filed Date
September 09, 2019
Case Filing Date
September 22, 2017
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Preview
Electronically Filed 9/9/2019 9:59 AM Penny Clarkston, Smith County District Clerk Reviewed By: Karen Hisel LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 W. Front St. Suite 202 Tyler, TX 75702 _______________ (903) 597-2897 (903) 597-2402 - FAX August 19, 2019 John R. Jarvis Attorney at Law 326 S Fannin Tyler, TX 75702 RE: SUIT NO. 25,645-A, WINONA INDEPENDENT SCHOOL DISTRICT, ET AL vs. MICHAEL R. VESTAL, AKA MICHAEL RAY VESTAL Dear John R. Jarvis: Enclosed please find a copy of the Original Petition, Affidavit for Citation by posting, Citation by posting and Answer of Defendants Cited by posting for the above referenced cause number(s) in which you have been appointed Attorney Ad Litem. Included is a proposed ad litem report in the form of an affidavit. As you are likely aware, the 84th Regular Session of the Texas Legislature passed House Bill 2710 by Thompson that added section 33.475 of the Texas Property Tax Code. Section 33.475 states: AN ACT relating to the duty of an attorney ad litem to locate and represent a defendant in a suit to collect a delinquent ad valorem tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 33, Tax Code, is amended by adding Section 33.475 to read as follows: Sec. 33.475. ATTORNEY AD LITEM REPORT; APPROVAL OF FEES. (a) In a suit to collect a delinquent tax, an attorney ad litem appointed by a court to represent the interests of a defendant served with process by means of citation by publication or posting shall submit to the court a report describing the actions taken by the attorney ad litem to locate and represent the interests of the defendant. (b) The court may not approve the fees of the attorney ad litem until the attorney ad litem submits the report required by this section and the court determines 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. SECTION 2. The changes in law made by this Act apply only to an attorney ad litem appointed to represent the interests of a defendant in a delinquent tax suit on or after the effective date of this Act. An attorney ad litem appointed to represent the interests of a defendant in a delinquent tax suit before the effective date of this Act is governed by the law in effect on the date the attorney was appointed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2015. The trial for this case has been set for Monday, September 16, 2019, at 1:30 p.m., in the 7th Judicial District Courtroom of Smith County Courthouse in Tyler, Texas. If you have any questions regarding this case, please feel free to contact our office. Sincerely, Jim L. Lambeth Attorney at Law JLL\srm Enclosure(s) cc: Penny Clarkston District Clerk, Smith County 100 N Broadway #204 Tyler, TX 75702 Gary B. Barber Tax Assessor-Collector, Smith County PO Box 2011 Tyler, TX 75710 Certified Mail # 7018 1830 0001 6763 1473