On January 10, 2005 a
Motion,Ex Parte
was filed
involving a dispute between
City Of Houston,
Harris County,
Harris County Education Department,
Harris County Education District,
Harris County Flood Control District,
Harris County Hospital District,
Houston Community College System,
Houston Independent School District,
Port Of Houston Authority Of Harris County,
and
Dehumidification Technologies,
Garcia, Elaine,
Garcia, Genaro C,
Garcia, Genaro Jr,
Greater East End Manag Distby Serving Tax Assessor Collector Paul Bett,
Harvest Bend Section I Association,
Moore, John Knox,
Unknown Heirs Of Genaro C Garcia,
for TAX SUIT
in the District Court of Harris County.
Preview
qo
CAUSE NO. 2005-01965
HARRIS COUNTY, ET AL IN THE DISTRICT COURT
vs. 151st JUDICIAL DISTRICT
GENARO C. GARCIA, ET AL OF HARRIS COUNTY, TEXAS
ATTORNEY AD LITEM’S VERIFIED MOTION TO RETAIN CASE ON DOCKET
TO THE HONORABLE JUDGE OF THIS COURT:
Defendant Genaro C. Garica, hereby asks the Court to retain this case on its docket to allow
Plaintiff additional time to serve Genaro C. Garica’s heirs who were located by Attorney Ad Litem,
reset the case for trial, and provide payment for services rendered by Attorney Ad Litem.
A. Procedural Back und
1, Plaintiff is Harris County; Defendant is Genaro C. Garica.
2. Plaintiff sued defendant for recovery of certain taxes owing to Plaintiff.
3. On April 4, 2006, Patrick Mahoney was appointed Attomey Ad Litem for Defendant.
4. On April 28, 2006, Attorney Ad Litem filed an answer with the Court.
5. On January 4, 2007, Attorney Ad Litem notified Plaintiff through Affidavit that heirs had
been located.
6. Attorney Ad Litem has received no notice that all of the heirs of Genaro C. Garica had
been served.
7. On or about June 28, 2007, the court sent a notice that it intended to dismiss the suit
for want of prosecution. 2. Sue
GI oex ae
yw
Be FO
ANAS*
AA.
oY
>
WK PW Sy
e SS
RECORDER’
This instru iment'S isMEMORANDUM
of poor quality
at the time of imaging »
ws A, Ss S
8. Payment for Attorney Ad Litem services has not been received and remains
outstanding.
B.Argument
& Authorities
8. The court should retain the case on the docket because the case is still within the
Supreme Court's disposition time standards. Tex. R. Civ. P. 165a(2); Polk v. Southwest Crossing
Homeowners Ass'n, 165 S.W.3d 89, 96 (Tex. App.-Houston [14th Dist.] 2005, pet. denied);
Johnson-Snodgrass v. KTAO, Inc., 75 §.W.3d 84, 87 (Tex. App.- Fort Worth 2002, pet. dism'd).
The time standards are measured from the date the defendant made his appearance. Given that
Defendant’s whereabouts were unknown and an attorney Ad Litem was duly appointed by the
Court, which attorney did locate a known heir of the deceased Defendant, Counsel for Defendant
requests additional time for the known heir to be served with process, and to locate other heirs of
the Defendant.
C. Prayer
9. For these reasons, Genaro C. Garica requests that the court retain this suit on the docket
so that trial can be reset, Genaro C. Garica’s known heirs can be served, and payment for services
rendered be made to Attorney Ad Litem.
eSPCl 'y Si
Patrick D. Mahoney
Texas Bar No. 12844480
9601 Katy Freeway, Suite 375
Houston, Texas 77024
(713)552-1700 Telephone
(713)552-1761 Facsimile
Attorney Ad Litem
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing instrument has been
served upon all parties and attorneys of record by facsimile or mail on this day of July, 2007.
Pankaj R. Parmar
Linebarger, Goggan, Blair & Sampson
1301 Travis Street, Suite 300
Houston, Texas 77002
(713) 844-3580 Telephone
(713) 844-3502 Facsimile
Roy D. Hailey
Butler & Hailey
as
1616 Voss Road Ste 500
Houston Texas 77057
Attorney for Harvest Bend Section I Association
santa
John Knox Moore
906 S Mesquite
Brady, Texas 76825
Patrick D. Mahone
Document Filed Date
July 03, 2007
Case Filing Date
January 10, 2005
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qo CAUSE NO. 2005-01965 HARRIS COUNTY, ET AL IN THE DISTRICT COURT vs. 151st JUDICIAL DISTRICT GENARO C. GARCIA, ET AL OF HARRIS COUNTY, TEXAS ATTORNEY AD LITEM’S VERIFIED MOTION TO RETAIN CASE ON DOCKET TO THE HONORABLE JUDGE OF THIS COURT: Defendant Genaro C. Garica, hereby asks the Court to retain this case on its docket to allow Plaintiff additional time to serve Genaro C. Garica’s heirs who were located by Attorney Ad Litem, reset the case for trial, and provide payment for services rendered by Attorney Ad Litem. A. Procedural Back und 1, Plaintiff is Harris County; Defendant is Genaro C. Garica. 2. Plaintiff sued defendant for recovery of certain taxes owing to Plaintiff. 3. On April 4, 2006, Patrick Mahoney was appointed Attomey Ad Litem for Defendant. 4. On April 28, 2006, Attorney Ad Litem filed an answer with the Court. 5. On January 4, 2007, Attorney Ad Litem notified Plaintiff through Affidavit that heirs had been located. 6. Attorney Ad Litem has received no notice that all of the heirs of Genaro C. Garica had been served. 7. On or about June 28, 2007, the court sent a notice that it intended to dismiss the suit for want of prosecution. 2. Sue GI oex ae yw Be FO ANAS* AA. oY > WK PW Sy e SS RECORDER’ This instru iment'S isMEMORANDUM of poor quality at the time of imaging » ws A, Ss S 8. Payment for Attorney Ad Litem services has not been received and remains outstanding. B.Argument & Authorities 8. The court should retain the case on the docket because the case is still within the Supreme Court's disposition time standards. Tex. R. Civ. P. 165a(2); Polk v. Southwest Crossing Homeowners Ass'n, 165 S.W.3d 89, 96 (Tex. App.-Houston [14th Dist.] 2005, pet. denied); Johnson-Snodgrass v. KTAO, Inc., 75 §.W.3d 84, 87 (Tex. App.- Fort Worth 2002, pet. dism'd). The time standards are measured from the date the defendant made his appearance. Given that Defendant’s whereabouts were unknown and an attorney Ad Litem was duly appointed by the Court, which attorney did locate a known heir of the deceased Defendant, Counsel for Defendant requests additional time for the known heir to be served with process, and to locate other heirs of the Defendant. C. Prayer 9. For these reasons, Genaro C. Garica requests that the court retain this suit on the docket so that trial can be reset, Genaro C. Garica’s known heirs can be served, and payment for services rendered be made to Attorney Ad Litem. eSPCl 'y Si Patrick D. Mahoney Texas Bar No. 12844480 9601 Katy Freeway, Suite 375 Houston, Texas 77024 (713)552-1700 Telephone (713)552-1761 Facsimile Attorney Ad Litem CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing instrument has been served upon all parties and attorneys of record by facsimile or mail on this day of July, 2007. Pankaj R. Parmar Linebarger, Goggan, Blair & Sampson 1301 Travis Street, Suite 300 Houston, Texas 77002 (713) 844-3580 Telephone (713) 844-3502 Facsimile Roy D. Hailey Butler & Hailey as 1616 Voss Road Ste 500 Houston Texas 77057 Attorney for Harvest Bend Section I Association santa John Knox Moore 906 S Mesquite Brady, Texas 76825 Patrick D. Mahone