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A couple of years ago our commissioners and the county courts moved into a new "justice center" and the district courts, district clerk, and district attorney stayed in the "old courthouse". I need to have a notice of seizure posted pursuant to 59.04(c) at the "courthouse". Can I just post it at the district courthouse or is there a statute lurking out there that defines the courthouse as where the commissioners are at?
 
Posts: 15 | Location: Dallas, TX | Registered: February 04, 2012Reply With QuoteReport This Post
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Yes, post it at the "district courthouse." See TRCP 648, "Courthouse Defined," defining courthouse as the house where district court is properly held. See also, Micrea, Inc. v. Eureka Life Ins. 534 S.W.2d 348, 358 (Ft. Worth, 1976, writ ref'd n.r.e.).

That said, is there any reason not to post at both? That preempts any argumments based on equity by anyone who would otherwise claim that they looked at the justice center and didn't see anything posted.
 
Posts: 15 | Registered: March 09, 2011Reply With QuoteReport This Post
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My personal reason for not wanting to go beyond what the law requires is that I don't like getting people (judges) used to something being done that doesn't have to be done; then they expect it to be done because you did it before and start to think it is required.
 
Posts: 15 | Location: Dallas, TX | Registered: February 04, 2012Reply With QuoteReport This Post
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And that is why you make the big bucks, my friend.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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