section 51.003 waiver (Texas) · Go Syfert
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section 51.003 waiver in Texas

5 Texas opinions name it 1 courts 2012–2017 0 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.

Followed or applied (6)

CaseFollowedCited
Duncan v. Lisenbygreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Duncan v. Lisenby , 912 S.W.2d 857 , 858-59 (Tex. App.-Houston [14th Dist.] 1995, no writ) ("Parties may agree to waive the statute of limitations before the statutory bar has fallen.

11
Houston Community College System v. Schneidergreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Sys. v. Schneider, 67 S.W.3d 241, 243 (Tex. App.—Houston [1st Dist.] 2000, pet. denied) (“a pleading shall not be deemed defective because of the lack of any allegation that can be supplied from attached exhibits”). 25 However one looks at the issue, Cobalt’s reliance on the written waivers of the § 51.003 offset have been in the case via the pleadings from the beginning.

11
LaSalle Bank National Ass'n v. Sleutelgreen
ca5 · 2002 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See LaSalle, 289 F.3d at 840-42.

11
Johnson v. Zerbstred
scotus · 1938 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013The United State Supreme Court has defined waiver as an “intentional relinquishment or –6– abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938).

11
Cox v. Johnsongreen
tex · 1982 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Cox v. Johnson, 638 S.W.2d 867, 868 (Tex. 1982). –19– concluded that a waiver of the section 51.003 right of offset is not void as against public policy.

11
Segal v. Emmes Capital, L.L.C.green
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See Segal, 155 S.W.3d at 279-80 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Interstate 35/Chisam Road, L.P. v. Moayedi green
texapp · 2012
2 sentences

2014The waiver included in Olson’s guaranty specifically waived the right to offset under section 51.003; the guaranty in Moayedi provided 9 that the guaranty “shall not be discharged, impaired or affected by . . . any defense . . ., each and every such defense being hereby waived by the undersigned Guarantor.” Id. at 794 .

2014E.g., Moayedi, 377 S.W.3d at 801 .

12014–2014

Statutes the citing opinions construe

TX § Tex. Prop. Code § 51.003 (5)

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.

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