Manges v. Freer Independent School District

ON APPELLANTS’ AND APPELLEES’ MOTIONS FOR REHEARING

Following this Court’s order of remand with instructions to the trial court to receive all relevant evidence to clarify the property descriptions in the judgment and to so modify the judgment, both parties have presented motions for rehearing on that order.

We agree with appellees’ complaint that court costs cannot be assessed against the taxing unit. TEX.TAX CODE ANN. § 33.49(a) (Vernon 1982). Leander Independent School District v. Texas Conference Association of Seventh-Day Adventists, 679 S.W.2d 487 (Tex.1984). The order will be modified to assess all costs against appellants.

This Court did not affirm and render on the property descriptions not contested by appellants, but instead remanded those also in the event the trial court found hereto*844fore unknown inadequacies. Recognizing that reviewing sixty uncontested property descriptions will be time-consuming and accepting appellees’ plea that the judgment as to these parcels now be rendered, we will so enter our order and modify the previous one. Appellees’ motion for rehearing is granted.

We have examined appellants’ motion for rehearing and it is denied.

Accordingly, the previous order of remand with instructions is modified to this extent: the trial court’s judgment is affirmed as to those parcels whose descriptions are not in issue, that is, where there were no objections to the property descriptions of the parcels at trial or by brief in this Court, that portion of the judgment is hereby rendered. The order of remand is further modified to assess all court costs against appellants. It is so ORDERED.