COA.TX
Causeofactionelements Blogspot. Texas case law snippets and cites for claims and defenses, recent appellate opinions, and occasional commentary on issues and...
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Texas case law snippets and cites for claims and defenses, recent appellate opinions, and occasional commentary on issues and decisions.
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COA.TX: The nature of easements
What is an easement? An easement is a non-possessory interest in another’s property that authorizes the holder to use that property for a particular purpose. Marcus Cable Assocs., L.P. v. Krohn, 90...
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COA.TX: The Discovery Rule as Counter-Defense to the Statute of Limitations
COA.TX Wednesday, September 9, 2009 THE DISCOVERY RULE TO COUNTER ASSERTION OF LIMITATIONS BY THE OPPONENT In rare cases where the nature of the injury is inherently undiscoverable and evidence of t...
Causeofactionelements.blogspot.com news digest
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6 years
Implications of disclaimer of reliance in contract for subsequent litigation
DISCLAIMER OF RELIANCE IN CONTRACT MAY PRECLUDE CERTAIN CLAIMS
IF THERE IS A DISPUTE LATER
Proof of reliance is an essential element of fraud, fraudulent inducement, and DTPA claims. See Cruz v. Andrews Restoration, Inc., 364 S.W.3d 817, 823 (Tex. 2012)(DTPA); Haase v. Glazner, 62 S.W.3d 795, 798 (Tex. 2001) (fraudulent inducement); Schlumberger... -
6 years
Class action over Illegal form contracts by roofing contractor may proceed: Lon ...
LON SMITH & ASSOCIATES, INC. AND A-1 SYSTEMS, INC., D/B/A LON SMITH ROOFING AND CONSTRUCTION, Appellants,
v.
JOE KEY AND STACCI KEY, Appellees. -
6 years
Foreclosure: Accrual of right to foreclose, applicable statute of limitations, a...
DOES DEFAULT TRIGGER THE RUNNING OF LIMITATIONS PERIOD?
Optional Acceleration Clause
"Under Texas law, a secured lender must foreclose on its `real property lien not later than four years after . . . the cause of action accrues.'" Rivera, 607 F. Appx. at 360 (citing Tex. Civ. Prac. & Rem. Code § 16.035(a)). "If the `deed of trust... -
6 years
Wrongful foreclosure claim in Texas
ELEMENTS OF CAUSE OF ACTION FOR WRONGFUL FORECLOSURE
The elements of a wrongful foreclosure claim are: (1) a defect in the foreclosure sale proceedings; (2) an inadequate selling price; and (3) a causal connection between the defect and the inadequate selling price. See Charter Nat'l Bank-Houston v. Stevens...
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