Legal Opinion

Burgess v. Gallery Model Homes, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided March 28, 2003No. 01-01-01014-CVPublishedCited by 28 opinions

1Opinion of the Court

OPINION

EVELYN V. KEYES, Justice.

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 in favor of appellee, Gallery Model Homes, Inc. d/b/a Gallery Furniture (Gallery). Burgess presents one issue for our review: whether the trial court has jurisdiction over a suit by a consumer seeking to recover from a retailer payment of a Houston Metropolitan Transit Authority Tax (MTA) erroneously collected by the retailer. We affirm.

Background

Gallery…

2Cases cited18 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Bland Independent School District v. BlueTexas Supreme Court · 2000
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. County of Cameron v. BrownTexas Supreme Court · 2002
  5. Subaru of America, Inc. v. David McDavid Nissan, Inc.Texas Supreme Court · 2002

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3Cited by28 opinions

  1. Bexar Metropolitan Water District v. City of Bulverde, Texas Court of Appeals, 3rd District (Austin)2005
  2. Strayhorn v. Lexington Insurance Co., Texas Court of Appeals, 3rd District (Austin)2004
  3. Texas Mutual Insurance Co. v. Eckerd Corp., Texas Court of Appeals, 3rd District (Austin)2005
  4. FLCT, Ltd. v. City of FriscoCourt of Appeals of Texas · 2016
  5. Hotels.com, L.P. v. Canales, Texas Court of Appeals, 4th District (San Antonio)2006

23 more not listed; retrieve them via the Exa API.

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