Dallas Central Appraisal District v. F6TAWS, LLC (Towers at Williams Square)

DISMISS; and Opinion Filed August 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00367-CV DALLAS CENTRAL APPRAISAL DISTRICT, Appellant V. F6TAWS, LLC (TOWERS AT WILLIAMS SQUARE), Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-10485-C MEMORANDUM OPINION Before Justices Lang, Myers, and Brown Opinion by Justice Brown Stating they have resolved all matters in dispute between them, the parties have filed a joint motion requesting the Court render judgment effectuating their agreement and dismiss the appeal. We grant the motion. We render judgment effectuating the parties’ settlement agreement and dismiss the appeal. /Ada Brown/ ADA BROWN JUSTICE 140367F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DALLAS CENTRAL APPRAISAL On Appeal from the 68th Judicial District DISTRICT, Appellant Court, Dallas County, Texas Trial Court Cause No. DC-12-10485-C. No. 05-14-00367-CV V. Opinion delivered by Justice Brown. Justices Lang and Myers participating. F6TAWS, LLC (TOWERS AT WILLIAMS SQUARE), Appellee In accordance with this Court’s opinion of this date, we DISMISS the trial court’s judgment. IT IS ORDERED, ADJUDGED and DECREED, pursuant to the agreement of the parties and section 42.41 of the Texas Property Tax Code, that Dallas Central Appraisal District (DCAD) shall forwith modify and correct the 2012 appraisal roll to reflect the following appraised values of F6TAWS, LLC’s (Towers at Williams Square) properties in Dallas County, Texas as of January 1, 2012: DCAD Account No. Address Value for 2012 32258520000010000 5215 N O’CONNOR BLVD $ 64,533,436.00 32258520000010100 5205 N O’CONNOR RD $ 38,329,398.00 32258520000010200 5201 N O’CONNOR BLVD $ 5,227,412.00 32258520000010300 5221 N O’CONNOR BLVD $ 38,073,966.00 $146,164,212.00 IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the agreement of the parties: 1. That DCAD shall forthwith notify the Assessor for the affect Taxing Units of the corrected assessment valuation in order that corrected tax bills and/or any necessary tax refunds may be issued for the above-referenced property as provided in Texas Property Tax Code Chapter 42, Subchapter C, and Chapter 31. –2– 2. The parties acknowledge that section 42.43 of the Texas Property Tax Code provides for payment of interest on any refund made as a result of a final determination of an appeal which decreases a property tax owner’s liability. However, the parties agree that no interest will be paid on any refund by the applicable taxing units to the Property Owner under section 42.43 of the Tax Code, if the refund is paid within ninety (90) days after the date the Chief Appraiser certifies the correction to the Appraised Roll under section 42.41 of the Tax Code. 3. All attorneys’ fees are to be borne by the party incurring same. 4. All costs are taxed against the parties incurring same under Texas Rule of Appellate Procedure 42.1(a), and this Judgment disposes of all parties and all claims. 5. This decision shall be certified to the Court below for observance. 6. Each party shall bear its own costs of this appeal. Judgment entered this 29th day of August, 2014. –3–