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No. 11-94-053-CV, Central Appraisal District of Taylor County v. Dixie-Rose Jewels, <br />Inc., 894 S. W. 2d 841 (Tex.App.-Eastland, 1995) <br />Dixie-Rose Jewels owned inventory that was taxed by the taxing entities and collected at the <br />appraisal district. A bank that had a security interest in the inventory foreclosed its lien and <br />took possession of the same. When the bank began to sell the inventory to satisfy its debt, <br />the appraisal district obtained a temporary restraining order prohibiting further sale of the <br />property. At a hearing the trial court ruled that the tax lien could not be enforced against the <br />property due to the bank's status as a buyer of the property in the ordinary course of business <br />(Section 32.03 of the Property Tax Code). The Court of Appeals disagreed and ruled the <br />under these circumstances the bank was not a buyer in the ordinary course of business as defined <br />by the Texas Business & Commerce Code. Thus, the tax lien was still attached to the property <br />and the bank took the property subject to that lien. <br />McCreary, Veselka, Bragg & Allen <br />42 <br />