Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District

CourtCourt of Appeals of Texas
DecidedJune 4, 2015
Docket13-14-00716-CV
StatusPublished

This text of Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District (Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District, (Tex. Ct. App. 2015).

Opinion

ACCEPTED 13-14-00716-cv FILED THIRTEENTH COURT OF APPEALS CORPUS CHRISTI, TEXAS IN THE 13TH COURT OF APPEALS 6/17/2015 5:48:30 PM CORPUS CHRISTI - EDINBURG CECILE FOY GSANGER CLERK 6/17/15 CECILE FOY GSANGER, CLERK BY DTello FILED IN 13th COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS 6/17/2015 5:48:30 PM CECILE FOY GSANGER Clerk CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that the foregoing document complies with the word count limitations set out in TEX. R. APP. P. 9.4(i). It contains 3,436 words, excluding any parts exempted by TEX. R. APP. P. 9.4(i)(1). In making this Certificate of Compliance, I am relying on the word count provided by the software used to prepare the document. This is a computer-generated document created in Microsoft Word.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Appellant's Opening Brief was sent by

Court's Efiling

On this the 4th day of June, 2015 to:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP

Hon. Edward James Nicholas

4828 Loop Central Drive, Suite 600

Houston, Texas 77081 APPENDIX 1 ORIGINAL PETITION

FINAL SUMMARY JUDGEMENT

CASE 2013-DCL-3455-D

CAMERON COUNTY 103RD COURT

HON.JANETH LEAL SUIT NO. 912-CrL, '?Jl_Jt:=j f1' 0 CAMERON COUNTY, CITY OF § IN THE DISTRICT COURT BROWNSVILLE AND BROWNSVILLE INDEPENDENT SCHOOL DISTRICT § vs. § JUDICIAL DISTRICT § VICTOR QUIJANO, DOING BUSINESS AS § TARGET PEST CONTROL

ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT: MAY 0 7 2013 I. PLAINTIFF{S)

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:

CAMERON COUNTY, CITY OF BROWNSVILLE AND BROWNSVILLE INDEPENDENT SCHOOL DISTRICT

The Plaintiff(s) intends discovery to be conducted under Leve12 of Rule 190, Texas Rules of Civil Procedure.

DEFENDANT{S)

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:

Victor Quijano, Doing Business As, Target Pest Control, 35 Cuba St, Brownsville, TX 78526- 1832

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 legal or equitable interest in or lien upon the below described property located in the county in which this suit is brought.

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: NONE. The foregoing named taxing unit(s), if any, is invited to add its claim by intervening herein.

AV/Suit Key No. 2!851515 II.

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.

III.

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 May 2013:

PROPERTY AND AMOUNTS OWED

ACCT. NO. 0001000211265002; INV,FURN,FIXT,VEH AT 35 CUBA ST,BROWNSVILLE,TX

CAMERON COUNTY

Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $43.33 $60.67 $104.00 2006 $34.62 $40.22 $74.84 2007 $48.12 $49.29 $97.41 2008 $34.97 $30.99 $65.96 2009 $53.83 $40.26 $94.09 2010 $53.95 $32.91 $86.86 2011 $55.64 $26.25 $81.89

TOTALS: $324.46 $280.59 $605.05

CITY OF BROWNSVILLE

Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $38.86 $50.52 $89.38 2006 $37.16 $43.18 $80.34 2007 $37.18 $38.08 $75.26 2008 $37.18 $32.95 $70.13 2009 $40.98 $30.65 $71.63 2010 $41.20 $25.13 $66.33 2011 $43.89 $20.72 $64.61

TOTALS: $276.45 $241.23 $517.68

BROWNSVILLE INDEPENDENT SCHOOL DISTRICT

Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $93.39 $121.41 $214.80 2006 $80.32 $93.33 $173.65 2007 $62.42 $61.17 $123.59 AVISuitKeyNo. 21851516 2008 $62.42 $52.75 $115.17 2009 $68.43 $48.58 $117.01 2010 $68.43 $39.35 $107.78 2011 $68.43 $32.30 $100.73

TOTALS: $503.84 $448.89 $952.73

TOTAL DUE $2,075.46

The total aggregate amount of taxes, penalties, interest, and attorney's fees (if any) for which Plaintiff(s) sues is $2,075.46, subject to additional taxes, penalties, interest, and attorney's fees that accrue subsequent to the filing of this petition.

IV.

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.

v. 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 N0/1 00 DOLLARS ($500.00).

VI.

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.

VII.

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: TO BE DETERMINED. The abstractor's costs, if any be shown, should be taxed as costs herein.

AV/SuitKeyNo. 2185151 7 PRAYER

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Related

§ 33.41
Texas TX § 33.41
§ 33.44
Texas TX § 33.44(a)

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Bluebook (online)
Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-quijano-doing-business-as-target-pest-control-v-cameron-county-texapp-2015.