COMERICA ACCEPTANCE CORP. v. DCAD

No. 05-99-00266-CV.

52 S.W.3d 495 (2001)

COMERICA ACCEPTANCE CORP., Appellant, v. DALLAS CENTRAL APPRAISAL DISTRICT and Appraisal Review Board of Dallas County, Appellees.

Court of Appeals of Texas, Dallas.

July 31, 2001.


Attorney(s) appearing for the Case

Mike D. Gibbs, Dallas, for appellant.

John F. Roehm, III, Jason Clarke Marshall, Nichols Jackson Dillard Hager & Smith, L.L.P., Dallas, for appellee.

Before the court en banc.


OPINION

MOSELEY, Justice.

In this case, we are called on to define the term "owner" for purposes of determining liability for ad valorem taxes on personal property. We hold that a lienholder who, on January 1 of any given year, is in possession of personal property collateral for purposes of selling it in foreclosure of its lien, is not by that reason liable as a matter of law for ad valorem taxes on the property. Thus, we reverse the summary judgment entered...

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