COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
GARRETT G.B. ROBB, No. 08-11-00236-CV
§
Appellant, Appeal from
§
v. 327th District Court
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HORIZON COMMUNITIES of El Paso County, Texas
IMPROVEMENT ASSOCIATION, INC., §
(TC # 2010-3453)
Appellee. §
ORDER
The above-styled and numbered appeal involves an issue related to the validity of service
by publication. At the default judgment hearing held on June 21, 2011, counsel for Horizon
Communities Improvement Association, Mr. Mark Salloum, stated that he had tendered to the
trial court an affidavit regarding service by publication in El Paso, Inc., and he represented to the
court that he would file the affidavit. Although there is an affidavit by counsel on attorney’s
fees, there is no affidavit in the clerk’s record related to service by publication other than the
affidavit of Mr. Eggleston attached to the motion for substituted service. The Court, on its own
motion, orders the clerk of the trial court to file a supplemental clerk’s record containing any
affidavit related to service by publication or certify in writing that there is no affidavit in the trial
court’s file. The supplemental clerk’s record should be filed as soon as practicable but no later
than ten days from the date of this order.
IT IS SO ORDERED THIS 26TH DAY OF AUGUST, 2013.
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.