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Robertson v. Gregg County

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Before Morriss, C.J., Carter and Moseley, JJ.

MEMORANDUM OPINION

On August 5, 2008, Gregg County, the City of Longview, and the Longview Independent School District (the “taxing authorities”) filed a petition against David Robertson seeking to foreclose liens on business property and pleading specifically that Robertson had failed to pay his ad valorem taxes for the 2007 tax year in the amount of $368.89. The petition sought foreclosure of a lien 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.” Although Robertson filed a written answer to the petition, he failed to appear at the trial set on March 2, 2009. At trial that day, the taxing authorities introduced as evidence a schedule of delinquent taxes, penalties, interest, and other costs, not only for the 2007 tax year, but also for the other tax years between 1998 and 2008, these totaling some $6,454.11. That day, the trial court entered a $6,503.79 personal default judgment against Robertson. Two days after trial (March 4), the taxing authorities caused an amended petition to be filed, this amended petition including a claim for the additional years’ unpaid taxes, penalties, and interest as shown in the schedule of delinquent taxes previously introduced at the time of trial.

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