Legal Opinion

Fort Bend Central Appraisal District v. Hines Wholesale Nurseries

Court of Appeals of Texas

Decided January 5, 1993No. 6-92-063-CVPublishedCited by 46 opinions

1Opinion of the Court

OPINION

BLEIL, Justice.

The Fort Bend Central Appraisal District and the Fort Bend Appraisal Review Board appeal the entry of a summary judgment against them in Hines Wholesale Nurseries’ claim to reduce its 1982 tax appraisal. The central issue on appeal is whether the trial court erred in basing its summary judgment on a deemed admission that Hines’ 1982 appraisal was the result of a clerical error. The determination that an error is clerical in nature is a question of law and, thus, not subject to resolution by a deemed admission. Therefore, we reverse the judgment and remand the cause to…

2Cases cited5 opinions

  1. Jones v. StraussTexas Supreme Court · 1988
  2. Finlay v. JonesTexas Supreme Court · 1968
  3. Matagorda County Appraisal District v. Conquest Exploration Co., Texas Court of Appeals, 13th District1990
  4. Mooney v. Missouri Athletic ClubMissouri Court of Appeals · 1993
  5. Liland v. Dallas County Appraisal District, Texas Court of Appeals, 5th District (Dallas)1987

3Cited by46 opinions

  1. Montgomery v. Blue Cross & Blue Shield of Texas, Inc., Texas Court of Appeals, 3rd District (Austin)1996
  2. Boulet v. State, Texas Court of Appeals, 1st District (Houston)2006
  3. H.E. Butt Grocery Co. v. Pais, Texas Court of Appeals, 4th District (San Antonio)1997
  4. Montgomery v. Browder, Texas Court of Appeals, 7th District (Amarillo)1996
  5. Cedyco Corp. v. Whitehead, Texas Court of Appeals, 9th District (Beaumont)2008

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