calculation error in Texas

2006While a motion for entry of judgment generally preserves error when the trial court awards less than requested, Elliott v. Kraft Foods N. Am., Inc., 118 S.W.3d 50, 55 (Tex.App.-Houston [14th Dist.] 2003, no pet.), we do not believe this rule applies when the movant is claiming error on appeal based on a specific calculation error never pointed out to the trial court.

2006While a motion for entry of judgment generally preserves error when the trial court awards less than requested, Elliott v. Kraft Foods N. Am., Inc. , 118 S.W.3d 50, 55 (Tex. App. C Houston [14th Dist.] 2003, no pet.), we do not believe this rule applies when the movant is claiming error on appeal based on a specific calculation error never pointed out to the trial court.

2000Harris County , 765 S.W.2d 823 , 826 (Tex.App.-Houston [14th Dist.] 1988, writ denied), courts have narrowly construed section 31.11 to permit refunds only in cases where the taxpayer has erred in remitting a tax by accidentally paying on the wrong account, mistakenly paying a greater amount than the tax due, overpaying because of a calculation error, or paying a tax that had been paid by another taxpayer.

2000Harris County, 765 S.W.2d 823, 826 (Tex. App.-Houston [14th Dist.] 1988, writ denied), courts have narrowly construed section 3 1.11 to permit refunds only in cases where the taxpayer has erred in remitting a tax by accidentally paying on the wrong account, mistakenly paying a greater amount than the tax due, overpaying because of a calculation error, or paying a tax that had been paid by another taxpayer.

2012See Hall, 292 S.W.3d at 33 (in a request for attorney’s fees, motion for entry of judgment not specific enough to preserve error “where the movant is claiming error on appeal based on a specific calculation error never pointed out to the trial court”).