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OVERHEAD DOOR CORP. OF TEXAS v. SHARP

No. 03-97-00748-CV.

970 S.W.2d 74 (1998)

OVERHEAD DOOR CORP. OF TEXAS, 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.

May 14, 1998.

Attorney(s) appearing for the Case

Troy L. Voelker, McNery & Voelker, P.C., Round Rock, for Appellant.

Dan Morales, Atty. Gen., William E. Storie, Asst. Atty. Gen., Taxation Division, Austin, for Appellees.

Before YEAKEL, C.J., and ABOUSSIE and JONES, JJ.

YEAKEL, Chief Justice.

Appellant, Overhead Door Corp. of Texas ("Overhead Door"), sued the appellees, the Comptroller of Public Accounts and Attorney General of the State of Texas, for a refund of franchise taxes previously paid. See Tex. Tax Code Ann. § 112.151 (West 1992).1 Both parties filed motions for summary judgment. The trial court granted the Comptroller's motion and denied Overhead Door's motion. We will affirm the...

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