GALVESTON COUNTY, ET AL
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`VS.
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`Filed: 2/24/2022 3:33 PM
`JOHN D. KINARD - District Clerk
`Galveston County, Texas
`Envelope No. 62059311
`By: Monique McNeal
`2/25/2022 8:45 AM
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`22-TX-0053
`SUIT NO. ___________________________
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`IN THE DISTRICT COURT
`Galveston County - 405th District Court
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`__________ JUDICIAL DISTRICT
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`TODD RANDALL FERTITTA, ET AL
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`GALVESTON COUNTY, TEXAS
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`ORIGINAL PETITION
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`I.
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`PLAINTIFF(S)
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`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:
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`GALVESTON COUNTY, CITY OF GALVESTON, GALVESTON INDEPENDENT SCHOOL
`DISTRICT, GALVESTON COUNTY NAVIGATION DISTRICT # 01 and GALVESTON
`COLLEGE
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`The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of
`Civil Procedure.
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`DEFENDANT(S)
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`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:
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`Todd Randall Fertitta, 2885 Dominique Dr., Galveston, TX 77551-1570;
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`Bank of America, N.A., A Financial Institution, (In Rem Only), upon whom service may be
`obtained by serving its Registered Agent, C T Corporation System at 1999 Bryan St., Suite 900,
`Dallas, TX 75201-3140;
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`The Evia Congress, A Texas Non-Profit Corporation, (In Rem Only), upon whom service may be
`obtained by serving its Registered Agent, Todd P. Sullivan at 6702 Broadway, Galveston, TX
`77554-8906;
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`Prosperity Bank 59, A Financial Institution, (In Rem Only), upon whom service may be obtained
`by serving its Officer, By Serving Preisent, Vice President or Legal Secretary at 2424 Market St.,
`Galveston, TX 77550-1416
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`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
`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
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`Suit Key No. 2579371
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`legal or equitable interest in or lien upon the below described property located in the county in which
`this suit is brought.
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`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: GALVESTON DRAINAGE DISTRICT # 04. The foregoing named
`taxing unit(s), if any, is invited to add its claim by intervening herein.
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`II.
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`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.
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`III.
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`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 February, 2022:
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`PROPERTY AND AMOUNTS OWED
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`Tract No. 1:
`ACCT. NO.326600000330000 (429403); Lot Three Hundred Thirty (330), of Replat of Lots Two
`Hundred Ninety-Five (295) thru Three Hundred Forty-Three (343) and Reserves A-F, J, and K,
`of EVIA PHASE ONE (1), a subdivision in Galveston County, Texas, according to the map or plat
`thereof recorded in Plat Record 2005A, Map No.(s) 145 and 146, of the Map Records in the Office
`of the County Clerk of Galveston County, Texas.
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`GRAND TOTAL FOR PROPERTY NO. 1: $12,459.97
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`Tract No. 2:
`ACCT. NO.387700020017001 (119552); Parts of Lot Seventeen (17) and Eighteen (18), in Block
`Two (2), of HAVRE LAFITTE, SECTION THREE (3) a subdivision in Galveston County, Texas
`according to the map or plat thereof recorded in Volume 1616, Page 20 and being more
`particularly described by metes and bounds in File No. 9736297 both of record in the Office of the
`Clerk of Galveston County, Texas.
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`GRAND TOTAL FOR PROPERTY NO. 2: $8,187.28
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`The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which
`Plaintiff(s) sues is $20,647.25, subject to additional taxes, penalties, interest, and attorney’s fees that
`accrue subsequent to the filing of this petition.
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`IV.
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`Suit Key No. 2579371
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`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.
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`V.
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`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).
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`VI.
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`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.
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`VII.
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`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: $500.00. The abstractor's costs, if any be shown, should be taxed as
`costs herein.
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`PRAYER
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`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 judgment
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`Suit Key No. 2579371
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`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.
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`Respectfully submitted,
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`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
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`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
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`Suit Key No. 2579371
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