Burgess, Connie, Individually and on Behalf of All Similarly Situated Consumers v. Circuit City Stores, Inc., and Gallery Model Homes, Inc., D/B/A Gallery Furniture and All Similarly Situated Retailers

Opinion issued January 23, 2003

In The

Court of Appeals

For The

First District of Texas

NO. 01-01-01014-CV

CONNIE BURGESS, INDIVIDUALLY AND ON BEHALF OF ALL SIMILARLY SITUATED CONSUMERS, Appellant

V

GALLERY MODEL HOMES, INC. D/B/A GALLERY FURNITURE AND ALL SIMILARLY SITUATED RETAILERS, Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 98-29143

O P I N I O N

This appeal arises from a suit brought by appellant, Connie Burgess, to obtain a refund of overcharged sales tax. On appeal, we must determine whether the trial court properly granted a plea to the jurisdiction…