# Underhill v. Jefferson County Appraisal District

> Court of Appeals of Texas · December 18, 1986 · 725 S.W.2d 301

URL: https://www.frixlaw.com/law-library/cases/5068708

## Case

- **Full name:** Captain RJ. UNDERHILL v. JEFFERSON COUNTY APPRAISAL DISTRICT and Appraisal Review Board of the Jefferson County Appraisal District
- **Court:** Court of Appeals of Texas
- **Decided:** December 18, 1986
- **Citations:** 725 S.W.2d 301; 1986 Tex. App. LEXIS 9453
- **Precedential status:** Published
- **Opinion:** Dissent by Burgess
- **Judges:** Brookshire, Burgess
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5068708

## Opinion text

BURGESS, Justice,
dissenting.
I respectfully dissent. I would affirm the summary judgment. The Appraisal Review Board’s summary judgment proof included an affidavit which showed there was no notice of appeal in their records because they had received no such notice. It became Captain Underhill’s burden to present opposing evidence that the Appraisal Review Board had been sent or had received the notice. He failed to do this.
While I do not quarrel with the logic of the limited remand, I believe it unnecessary. Even under the record before us, Captain Underhill did not present competent evidence to controvert the summary judgment proof of the Appraisal Review Board. The judgment of the trial court should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5068708. Public record. Not legal advice.