law-case-submitted-on-agreed-facts | TRCP 263 |
The parties submitted the case to the court on agreed facts. See Tex. R. Civ. P. 263. “[A] case submitted
to the court upon an agreed stipulation of facts under [Rule] 263 is in the nature of a special verdict and 'is
a request by the litigants for judgment in accordance with the applicable law.'" Unauthorized Practice of
Law Comm. v. Jansen, 816 S.W.2d 813, 814 (Tex. App.- Houston [14th Dist.] 1991, writ denied) (quoting
Brophy v. Brophy, 599 S.W.2d 345, 347 (Tex. Civ. App. -Texarkana 1980, no writ)). The question on
appeal is therefore limited to the correctness of the trial court's application of the law to the admitted facts.
Id. at 814-15. Because the issue is purely a question of law, we apply a de novo standard of review. SLW
Aviation, Inc. v. Harris County Appraisal Dist., 105 S.W.3d 99, 102 (Tex. App.- Houston [1st Dist.] 2003, no
pet.).
HCAD v. Nunu (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Seymore)(HCAD appeal,
homestead exemption reduced pro rata for business use of home as law office)
REVERSED AND RENDERED: Opinion by Justice Seymore
Before Justices Seymore, Brown and Sullivan
14-08-00528-CV Harris County Appraisal District and Harris County Appraisal Review Board
v. Paul E. Nunu Appeal from 151st District Court of Harris County
Trial Court Judge: Caroline Elizabeth Baker