Mary Melvina Martin and Anthony L. Martin v. City of Schertz, Comal Independent School District and County of Comal ( 1992 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



ON MOTION FOR REHEARING



NO. 3-91-363-CV





MARY MELVINA MARTIN AND ANTHONY L. MARTIN,

APPELLANTS

vs.





CITY OF SCHERTZ, COMAL INDEPENDENT SCHOOL DISTRICT AND COUNTY OF COMAL,

APPELLEES

FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT

NO. C-90-602C, HONORABLE ROBERT T. PFEUFFER, JUDGE

PER CURIAM

In their motion for rehearing, appellees County of Comal and Comal Independent School District correctly point out this Court's error in taxing costs in this proceeding against appellees. A taxing unit is not liable for court costs in a suit to collect taxes. Tex. Prop. Code Ann. § 33.49(a) (1982); Leander Indep. Sch. Dist. v. Texas Conference Ass'n of Seventh-Day Adventists, 679 S.W.2d 487, 488 (Tex. 1984); El Campo Indep. Sch. Dist. v. Kimmey, 571 S.W.2d 865, 866 (Tex. 1978); Houston Lighting & Power Co. v. Dickinson Indep. Sch. Dist., 794 S.W.2d 402, 408 (Tex. App. 1990, writ denied); see Tex. R. App. P. Ann. 89 (Pamph. 1992).

Accordingly, we grant appellees' motion for rehearing. We withdraw our judgment, dated July 8, 1992, and substitute our judgment taxing all costs of this appeal against appellants Mary Melvina Martin and Anthony L. Martin.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Filed: August 26, 1992

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