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36 Texas opinions name it 3 courts 1986–2022 2 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Plainscapital Bank v. William Martingreen2 sentences2017Martin, 459 S.W.3d at 557 . 2017Since Moayedi was decided, the supreme court has referred to the right of offset under section 51.003 as "an affirmative defense to a deficiency claim." See PlainsCapital Bank v. Martin , 459 S.W.3d 550 , 557 (Tex. 2015). | 3 | 5 |
Freeman v. Stategreen2 sentences2015See Freeman v. State, 125 S.W.3d 505, 506-07 (Tex. Crim. 2015See Freeman v. State, 125 S.W.3d 505, 506-07 (Tex.Crim.App.2003). | 3 | 3 |
Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development Corporationgreen2 sentences2015See Moayedi v. Interstate 35/Chisam Rd., L.P., 438 S.W.3d 1, 6 (Tex.2014) (“[Section 51.003] provides an offset that otherwise would not be available. 2015See Moayedi v. Interstate 35/Chisam Rd., L.P., 438 S.W.3d 1, 6 (Tex. 2014) (“[Section 51.003] provides an offset that otherwise would not be available. | 3 | 3 |
City of Houston v. Clear Creek Basin Authoritygreen2 sentences1986City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979). 1986City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979). | 2 | 2 |
Lee v. Martin Marietta Materials Southwest, Ltd.green2 sentences2011See id. § 51.003; Lee v. Martin Marietta Materials Sw., Ltd. , 141 S.W.3d 719, 720-21 (Tex. App.--San Antonio 2004, no pet.) (to recover under guaranty contract, party must show (1) existence and ownership of guaranty contract, (2) terms of underlying contract by holder, (3) occurrence of conditions upon which liability is based, and (4) failure or refusal to perform promise by guarantor). 2011See id. § 51.003; Lee v. Martin Marietta Materials Sw., Ltd., 141 S.W.3d 719 , 720–21 (Tex. App.—San Antonio 2004, no pet.) (to 8 recover under guaranty contract, party must show (1) existence and ownership of guaranty contract, (2) terms of underlying contract by holder, (3) occurrence of conditions upon which liability is based, and (4) failure or refusal to perform promise by guarantor). | 1 | 2 |
Lairsen v. Slutzkygreen1 sentence2022Once the disputed facts are resolved by the factfinder, the deficiency claim “requires only a straightforward mathematical calculation.” See Lairsen v. Slutzky, 80 S.W.3d 121, 130 (Tex. App.—Austin 2002, pet. denied). | 1 | 1 |
Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.green1 sentence2021As the Receiver argues, “a creditor, to be entitled to a receivership, must be a secured creditor.” See, e.g., Jay & VMK, Corp. v. Lopez, 572 S.W.3d 698, 704 (Tex. App.—Houston [14th Dist.] 2019, no pet.) (collecting cases for proposition that since 1890, courts have “uniformly held” that “creditor” as used in receivership statute means “secured creditor”). | 1 | 1 |
Magro v. Ragsdale Brothers, Inc.green2 sentences2005See Magro v. Ragsdale Bros., Inc., 721 S.W.2d 832, 834 (Tex.1986). 2005See Magro v. Ragsdale Bros., Inc., 721 S.W.2d 832, 834 (Tex.1986). | 1 | 1 |
Consolidated Equities Corp. v. Birdgreen1 sentence2003Even if the provisions of the amended agreement were to be construed by us as an “alternate method of payment,” such an agreement could not be allowed to stand if it has even the indirect effect of “evasion ... of the debtor protection provisions of Article Nine.” Id. at 278. 2. | 1 | 1 |
Resolution Trust Corp. v. Westridge Court Joint Venturegreen1 sentence1992See Westridge, 815 S.W.2d at 331 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Resolution Trust Corp. v. Summers & Miller Gleneagles Joint Venture
green
2 sentences2008The notice of foreclosure had erroneously transposed the legal descriptions of two properties that were to be foreclosed in a manner that resulted in “an offer of more land for sale than was actually the case as to one tract, and an offer of less land for sale than was actually the case as to the other tract.” In the court’s view, there was “no question that an irregularity in the foreclosure process occurred.” Id. at 654-55 . 2008The notice of foreclosure had erroneously transposed the legal descriptions of two properties that were to be foreclosed in a manner that resulted in “an offer of more land for sale than was actually the case as to one tract, and an offer of less land for sale than was actually the case as to the other tract.” In the court’s view, there was “no question that an irregularity in the foreclosure process occurred.” Id. at 654-55 . | 5 | 2008–2008 |
Chase Manhattan Bank, N.A. v. Greenbriar North Section II
green
2 sentences2004Id. at 726-27 . 2004Id. at 726-27 . | 3 | 2002–2004 |
John H. Thomas, M.D. v. Graham Mortgage Corporation and Chris Norris, Substitute Trustee
green
2 sentences2014Id. 2014Id. | 2 | 2014–2014 |
Tanenbaum v. Economics Laboratory, Inc.
green
2 sentences2001Id. 2001Id. | 2 | 2001–2001 |
Exxon Mobil Corporation v. William T. Drennen, Iii
green
1 sentence2018Neither the Restatement nor the Texas Supreme Court has adopted a general definition of “fundamental policy.” Drennen, 452 S.W.3d at 327 . | 1 | 2018–2018 |
Gross National Bank of San Antonio v. Merchant
green
1 sentence2017Bandy, 835 S.W.2d at 617 ; Merchant, 459 S.W.2d at 486–87. | 1 | 2017–2017 |
Bandy v. FIRST STATE BANK, OVERTON, TEX.
green
1 sentence2017Bandy, 835 S.W.2d at 617 ; Merchant, 459 S.W.2d at 486–87. | 1 | 2017–2017 |
Riley, Billy Dee Jr.
red
1 sentence2017Riley , 378 S.W.3d at 458 . | 1 | 2017–2017 |
Cooper v. Bowser
green
1 sentence1989Technical Chemical Co. v. Jacobs, 480 S.W.2d 602 ; Cooper v. Bowser, 610 S.W.2d 825 (Tex.App.—Tyler 1980, no writ). | 1 | 1989–1989 |
Technical Chemical Company v. Jacobs
green
1 sentence1989Technical Chemical Co. v. Jacobs, 480 S.W.2d 602 ; Cooper v. Bowser, 610 S.W.2d 825 (Tex.App.—Tyler 1980, no writ). | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.