FRANKS v. WOODVILLE INDEPENDENT SCH. DIST.

No. 09-03-350 CV.

132 S.W.3d 167 (2004)

John L. FRANKS, Appellant, v. WOODVILLE INDEPENDENT SCHOOL DISTRICT, Tyler County Education District, and Tyler County, Appellees.

Court of Appeals of Texas, Beaumont.

Decided April 1, 2004.


Attorney(s) appearing for the Case

Elton R. Lockings, Houston, for appellant.

F. Duane Force, Linebarger Goggan Blair & Sampson, LLP, Austin, for appellees.

F. Duane Force, for Tyler County.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


OPINION

PER CURIAM.

This appeal concerns the procedure for claiming excess funds from a sale of real property to satisfy a property tax judgment. The trial court ruled that John L. Franks, a claimant who filed his motion within two years of the tax sale but who did not obtain a hearing on the motion before the two year period had elapsed, failed to establish his claim within two years of the sale and was therefore not entitled to the excess funds. Appellant...

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