On December 27, 2018 a
Order
was filed
involving a dispute between
Vinet, Terra,
and
Mckenzie, Colin Donald,
Mckenzie, Louise Margaret,
for Inj/Damage-Other Injury or Damage >$200,000
in the District Court of Montgomery County.
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Received and E-Filed for Record
8/14/2019 5:10 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Megan Shiflett
CAUSE NO. 18-12-16948
TERRA VINET § IN THE DISTRICT COURT OF
§
§
vs. § MONTGOMERY COUNTY, TEXAS
§
LOUISE MARGARET MCKENZIE and §
COLIN DONALD MCKENZIE § 284TH JUDICIAL DISTRICT
ORDER GRANTING DEFENDANTS’ MOTION FOR SUBSTITUTED SERVICE
On this day came on for consideration the Defendants’ Motion for Substituted Service
Pursuant to RULE 106(b) of the TEXAS RULES OF CIVIL PROCEDURE. It appears to the Court that
Defendants have attempted but failed to personally serve Third-Party Defendant, Brennon Vinet,
at his last known address. If further appears to the Court that the manner of service ordered
herein will be reasonably effective to give said Third-Party Defendant notice of this lawsuit.
It is, therefore, ORDERED that Defendants’ 106(b) Motion for Substituted Service is
GRANTED. It is further,
ORDERED, ADJUDGED, and DECREED that service of process may be made upon
Third-Party Defendant, Brennon Vinet, by serving Third-Party Defendant, Brennon Vinet, by
leaving a true copy of the citation, with a copy of the Petition and this Order authorizing
Terra Vinet
substituted service attached, with anyone over sixteen (16) years of age at 47 N. Regent Oak,
and
Spring, Texas 77381 or by serving attorney Brad Beers via his place of business 5020 Montrose
Blvd., Suite 700, Houston, Texas 77006 by certified mail return receipt requested.
It is further ORDERED that service shall also comply with the following provisions:
(a) a copy of the citation and petition shall be mailed by BOTH certified mail, return
receipt requested, AND regular mail to Defendant, Brennon Vinet, at the same
address at which service is authorized above;
(b) the return of service shall include a statement setting out the date of mailing and
the result of mailing by certified mail and the result of mailing by regular mail
(i.e., whether the envelope was returned by the post office, or the green card came
back signed, or whatever happened as a result of the mailing).
It is further ORDERED that the return of service of the person executing service pursuant to
this order shall otherwise be made in accordance with RULE 107 of the TEXAS RULES OF CIVIL
PROCEDURE.
It is further ORDERED that service will be complete upon compliance with this order,
regardless of whether Defendant signs the certified mail receipt.
Signed: 8/15/2019 10:56 AM
Signed this _____ day of ______________________, 2019.
____________________________________
PRESIDING JUDGE
APPROVED:
THE WEAVER LAW FIRM
/s/ Richard D. Weaver
Richard D. Weaver
Texas Bar No. 24047083
rweaver@weaverlawyers.com
James Hamilton Foley
Texas Bar No. 24059764
jfoley@weaverlawyers.com
1800 Bering Drive, Suite 1050
Houston, Texas 77057
(713) 572-4900 (Telephone)
(713) 513-5566 (Facsimile)
ATTORNEYS FOR DEFENDANTS,
LOUISE MARGARET MCKENZIE AND
COLIN DONALD MCKENZIE
Document Filed Date
August 15, 2019
Case Filing Date
December 27, 2018
Category
Inj/Damage-Other Injury or Damage >$200,000
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Received and E-Filed for Record 8/14/2019 5:10 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Megan Shiflett CAUSE NO. 18-12-16948 TERRA VINET § IN THE DISTRICT COURT OF § § vs. § MONTGOMERY COUNTY, TEXAS § LOUISE MARGARET MCKENZIE and § COLIN DONALD MCKENZIE § 284TH JUDICIAL DISTRICT ORDER GRANTING DEFENDANTS’ MOTION FOR SUBSTITUTED SERVICE On this day came on for consideration the Defendants’ Motion for Substituted Service Pursuant to RULE 106(b) of the TEXAS RULES OF CIVIL PROCEDURE. It appears to the Court that Defendants have attempted but failed to personally serve Third-Party Defendant, Brennon Vinet, at his last known address. If further appears to the Court that the manner of service ordered herein will be reasonably effective to give said Third-Party Defendant notice of this lawsuit. It is, therefore, ORDERED that Defendants’ 106(b) Motion for Substituted Service is GRANTED. It is further, ORDERED, ADJUDGED, and DECREED that service of process may be made upon Third-Party Defendant, Brennon Vinet, by serving Third-Party Defendant, Brennon Vinet, by leaving a true copy of the citation, with a copy of the Petition and this Order authorizing Terra Vinet substituted service attached, with anyone over sixteen (16) years of age at 47 N. Regent Oak, and Spring, Texas 77381 or by serving attorney Brad Beers via his place of business 5020 Montrose Blvd., Suite 700, Houston, Texas 77006 by certified mail return receipt requested. It is further ORDERED that service shall also comply with the following provisions: (a) a copy of the citation and petition shall be mailed by BOTH certified mail, return receipt requested, AND regular mail to Defendant, Brennon Vinet, at the same address at which service is authorized above; (b) the return of service shall include a statement setting out the date of mailing and the result of mailing by certified mail and the result of mailing by regular mail (i.e., whether the envelope was returned by the post office, or the green card came back signed, or whatever happened as a result of the mailing). It is further ORDERED that the return of service of the person executing service pursuant to this order shall otherwise be made in accordance with RULE 107 of the TEXAS RULES OF CIVIL PROCEDURE. It is further ORDERED that service will be complete upon compliance with this order, regardless of whether Defendant signs the certified mail receipt. Signed: 8/15/2019 10:56 AM Signed this _____ day of ______________________, 2019. ____________________________________ PRESIDING JUDGE APPROVED: THE WEAVER LAW FIRM /s/ Richard D. Weaver Richard D. Weaver Texas Bar No. 24047083 rweaver@weaverlawyers.com James Hamilton Foley Texas Bar No. 24059764 jfoley@weaverlawyers.com 1800 Bering Drive, Suite 1050 Houston, Texas 77057 (713) 572-4900 (Telephone) (713) 513-5566 (Facsimile) ATTORNEYS FOR DEFENDANTS, LOUISE MARGARET MCKENZIE AND COLIN DONALD MCKENZIE