LEGAL NOTICE: CITATION BY PUBLICATION CAUSE NO. 21-C-3588 TO: ANDREW ALLEN BENJAMIN, 403 AMANDA LANE, WAXAHAXIE, TX 75165
Published four times in The Ellis County Press beginning Thursday, Oct. 6, 2022, Thursday, Oct. 13, 2022, Thursday, Oct. 20, 2022, and Thursday, Oct. 27, 2022.
CITATION BY PUBLICATION
CAUSE NO. 21-C-3588
To:
ANDREW ALLEN BENJAMIN
403 AMANDA LANE
WAXAHAXIE, TX 75165
NOTICE TO DEFENDANT: “NOTICE TO DEFENDANT: “You have been sued. You may employ an attorney. You are hereby commanded to appear by filing a written answer to the Plaintiff’s Original Petition at or before ten o’clock a.m. of the first Monday after the expiration of forty-two days from the date of the issuance of this citation, before the Honorable COUNTY COURT AT LAW NO. 1, ELLIS COUNTY, TEXAS, at 109 S. JACKSON St., 3rd FLOOR, in WAXAHACHIE, TEXAS.
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Said Plaintiff’s Petition was filed in said court, on the 28th day of July 2021 in this cause, numbered 21-C-3588 on the docket of said court, and styled:
The names of the parties to the cause are as follows:
KIMBERLY LYNN BAXLEY, INDIVIDUALLY
AND AS NEXT FRIEND Of R.B.,
MINOR CHILD PLAINTIFF(S)
and
ANDREW ALLEN BENJAMIN
DEFENDANT(S)
A brief statement of the nature of this suit is as follows: Plaintiffs Kimberly Lynn Baxley individual, and ANF RD a minor, by and through attorney of record, Mildred Ashley, The Law Offices of Kelly T. Curran at 5720 LBJ Fwy Suite 440, Dallas, Texas 75240 sued Defendant ANDREW ALLEN BENJAMIN on 07/28/2021.
Plaintiff’s claim that Defendants ANDREW ALLEN BENJAMIN caused a motor vehicle accident on or about 08/05/2019 at the 77 and I-35 in Ellis County, Texas.
The Court signed an ORDER ON PLAINTIFFS’ MOTION FOR CITATION BY PUBLICATION FOR DEFENDANT ANDREW ALLEN BENJAMIN PURSUANT TO T.R.C.P. RULE 109.
After considering Plaintiffs’ Motion for Substitute Service and the supporting Affidavit of Due Diligence, the Court finds that Plaintiffs’ attempts to serve Defendant, Andrew Allen Benjamin, have been unsuccessful despite Plaintiffs’ due diligence and that the substitute service requested in Plaintiffs’ motion will be reasonably effective to give Defendant notice of the suit.
Therefore, the Court GRANTS the motion and authorizes substitute service on Defendant Andrew Allen Benjamin by:
(a) publishing this notice below to the newspaper, Ellis County Press:
SIGNED on 28th of September 2022.
PRESIDING JUDGE
The officer executing this process shall promptly execute the same according to law and make do return as the law directs.
ISSUED AND GIVEN UNDER MY HAND AND THE SEAL Of SAID COURT, AT MY OfFICE IN WAXAHACHIE, TEXAS ON THIS 28TH DAY Of SEPTEMBER 2022.
Klystal Valdez,
Clerk of the County
Court at Law No. 1
By /s/ Mandy Hocutt,
Deputy Clerk