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CRA INC. v. BULLOCK

Supreme Court of Texas
Apr 15, 1981
615 S.W.2d 175 (Tex. 1981)

Opinion

No. B-9801.

March 18, 1981. Rehearing Denied April 15, 1981.

Appeal from the District Court, Travis County, Tom Blackwell, J.

McGinnis, Lochridge Kilgore, C. Morris Davis, Austin, for petitioner.

Mark White, Atty. Gen., Connie Ode and Bill Kimbrough, Asst. Attys. Gen., Austin, for respondents.


This is an appeal from a summary judgment for a foreign cooperative association ordering the recovery of franchise taxes paid under protest. The court of civil appeals reversed and rendered. 603 S.W.2d 303.

The court of civil appeals correctly held that the petitioner was not an association organized under the Cooperative Association Act in that it had only one member, and that it was not exempt from payment of franchise taxes even though it was related to an association which was exempt from payment of such taxes.

The court of civil appeals was in error in rendering judgment for respondents. A summary judgment was granted and the adverse party did not also seek a summary judgment. In this situation where upon appeal it is determined that the summary judgment was improperly granted, the appeal does not afford a basis for rendering a judgment for the non-moving party. Hall v. Mockingbird AMC/Jeep, Inc., 592 S.W.2d 913 (Tex. 1979).

The writ of error is granted and, without hearing oral argument, that part of the judgment of the court of civil appeals reversing the summary judgment is affirmed. That part of the judgment of the court of civil appeals rendering judgment for respondents is reversed and the cause is remanded to the trial court for trial on the merits. Rule 483, Texas Rules of Civil Procedure.


Summaries of

CRA INC. v. BULLOCK

Supreme Court of Texas
Apr 15, 1981
615 S.W.2d 175 (Tex. 1981)
Case details for

CRA INC. v. BULLOCK

Case Details

Full title:CRA, INC., Petitioner, v. Bob BULLOCK et al., Respondents

Court:Supreme Court of Texas

Date published: Apr 15, 1981

Citations

615 S.W.2d 175 (Tex. 1981)

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