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FLEMING FOODS OF TEXAS, INC. v. SHARP

No. 03-96-00477-CV.

951 S.W.2d 278 (1997)

FLEMING FOODS OF TEXAS, INC., Appellant, v. John SHARP, Comptroller of Public Accounts of the State of Texas; and Dan Morales, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 25, 1997.

Attorney(s) appearing for the Case

J. Scott Morris, Austin, for Appellant.

Dan Morales, Attorney General, Esteban H. Rodriguez, Assistant Attorney General, Taxation Division, Austin, for Appellees.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

ABOUSSIE, Justice.

Appellant Fleming Foods, Inc. ("Fleming") appeals from a trial court judgment construing sections 111.104 and 111.203 of the Texas Tax Code and awarding judgment in favor of appellees John Sharp, Comptroller of Public Accounts of the State of Texas, and Dan Morales, Attorney General of the State of Texas (collectively the "Comptroller"). See Tex. Tax Code Ann. §§ 111.104 & 111.203 (West 1992) ("Code"). In four points of error...

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