Barnett v. Cty. of Dallas

18 Citing cases

  1. Pappas Harris Capital, LLC v. Advance Hydrocarbon Corp.

    No. 14-23-00224-CV (Tex. App. Aug. 1, 2024)

    Id. Consequently, we will reverse a trial court's ruling on a motion to compel only when the court acts in an arbitrary and unreasonable manner, without reference to any guiding principles. See Barnett v. Cty. of Dall., 175 S.W.3d 919, 924 (Tex. App.-Dallas 2005, no pet.).

  2. Getosa, Inc. v. City of El Paso

    642 S.W.3d 941 (Tex. App. 2022)   Cited 5 times

    The introduction of such evidence creates a rebuttable presumption that the person named in the tax records is liable for the taxes in the amount stated, and the burden then shifts to the defendant to rebut that presumption. SeeBarnett v. County of Dallas , 175 S.W.3d 919, 923 (Tex.App.--Dallas 2005, no pet.) ; Pete Dominguez Enterprises, Inc. v. County of Dallas , 188 S.W.3d 385, 387 (Tex.App.--Dallas 2006, no pet.). However, this statutory presumption of ownership arises only if the defendant named in the lawsuit is the person or entity identified in the records.

  3. In re Estate of Bryant

    No. 07-18-00429-CV (Tex. App. Mar. 11, 2020)   Cited 5 times   2 Legal Analyses
    Finding that the "caustic relationship" between the two trustees of a family trust warranted a modification to the trust, which included the removal of one of them, as the trust was otherwise operating in "an atmosphere of acrimony and mutual distrust"

    Consequently, we will reverse a trial court's ruling on a motion to compel only when the trial court acts in an arbitrary and unreasonable manner, without reference to any guiding principles. See Barnett v. County of Dallas, 175 S.W.3d 919, 924 (Tex. App.—Dallas 2005, no pet.). Years ago, the Texas Supreme Court cautioned that:

  4. GFH Funding, Ltd. v. Kraken Holdings, LLC

    NO. 01-16-00853-CV (Tex. App. Jul. 17, 2018)

    An appellate court should reverse a trial court's ruling on a motion to compel only when the trial court acts in an arbitrary and unreasonable manner, without reference to any guiding principles. Macy, 294 S.W.3d at 651; see also Barnett v. Cty. of Dall., 175 S.W.3d 919, 924 (Tex. App.—Dallas 2005, no pet.). GFH and Gonzalez argue that, despite several requests, Kraken refused to provide any documents or make any documents available for copying and inspection as requested in their requests for production sent to Kraken on July 23, 2013.

  5. Asymblix LLC v. Richardson Indep. Sch. Dist.

    No. 05-18-00433-CV (Tex. App. Jul. 3, 2018)   Cited 4 times

    Additionally, as to "conflicting evidence on market value," a defendant "may not challenge the property's appraised value in a suit to collect delinquent taxes." Barnett v. Cty. of Dallas, 175 S.W.3d 919, 923 (Tex. App.—Dallas 2005, no pet.) (citing TAX CODE § 42.09); accord City of Bellaire v. Sewell, 426 S.W.3d 116, 121-22 & n.3 (Tex. App.—Houston [1st Dist.] 2012, no pet.). We decide against Asymblix on its second issue.

  6. United Indep. Sch. Dist. v. Villarreal

    No. 04-17-00142-CV (Tex. App. Jun. 6, 2018)

    In fact, Section 42.09(b) of the Code was amended by the Legislature in 1987 in response to Robstown Indep. Sch. Dist. v. Anderson, 706 S.W.2d 952 (Tex. 1986), which held a non-ownership defense was waived because the taxpayer did not exhaust his administrative remedies. Barnett v. Cty. of Dall., 175 S.W.3d 919, 922 (Tex. App.—Dallas 2005, no pet.) (citing Gen. Elec. Capital Corp. v. City of Corpus Christi, 850 S.W.2d 596, 602 (Tex. App.—Corpus Christi 1993, writ denied)). That amendment further clarified the Legislature's intent "that it desires the taxpayer to always have available the defense that he did not own the property."

  7. Elgohary v. Tx. Wor. Co.

    No. 14-09-00108-CV (Tex. App. Jun. 10, 2010)   Cited 6 times

    An appellate court should reverse a trial court's ruling on a motion to compel only when the trial court acts in an arbitrary and unreasonable manner, without reference to any guiding principles. See Barnett v. County of Dallas, 175 S.W.3d 919, 924 (Tex. App.-Dallas 2005, no pet.). Discovery requests must be reasonably tailored to include only matters relevant to the case.

  8. Baughn v. Capps

    No. 10-09-00111-CV (Tex. App. Mar. 3, 2010)   Cited 1 times

    Moreover, public tax records are available to both parties and need not be produced in discovery. See Barnett v. County of Dallas, 175 S.W.3d 919, 924 (Tex. App.-Dallas 2005, no pet.). Finally, the best evidence rule was not raised when the map was offered, but was raised when Capps's testified to paying tax bills.

  9. Macy v. Waste Mgmt., Inc.

    294 S.W.3d 638 (Tex. App. 2009)   Cited 50 times
    Holding that the only way to attack an employer's determinations that are stated to be final under a profit-sharing plan is by showing bad faith or fraud

    An appellate court should reverse a trial court's ruling on a motion to compel only when the trial court acts in an arbitrary and unreasonable manner, without reference to any guiding principles. See Barnett v. County of Dallas, 175 S.W.3d 919, 924 (Tex.App.-Dallas 2005, no pet.). Macy states that he "attempted to pursue discovery regarding Revenue Management System and the `substantial impact' of a potential $60 Million write down on the company's books and records as compared to the accrual balance Macy was accused of accumulating."

  10. Knapp v. Wilson N. Jones Memorial

    281 S.W.3d 163 (Tex. App. 2009)   Cited 68 times
    Explaining "a party's argument on appeal must comport with its argument in the trial court"

    An appellate court should reverse a trial court's ruling on a motion to compel only when the court acts in an arbitrary and unreasonable manner, without reference to any guiding principles. See Barnett v. County of Dallas, 175 S.W.3d 919, 924 (Tex.App.-Dallas 2005, no pet.). 2.