section 53.001 offset defense (Texas) · Go Syfert
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section 53.001 offset defense in Texas

5 Texas opinions name it 1 courts 2013–2014 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 (1)

CaseFollowedCited
Hardin v. Hardinyellow
tex · 1980 · cited in 2 Texas opinions naming this issue, 2013–2013
2 sentences

2013See Hardin, 597 S.W.2d at 350 (concluding that amendment was prejudicial on its face where “[the] amendments could not have been anticipated by the plaintiff, and had they been permitted, they would have prejudiced the plaintiffs presentation of the case and resulted in unnecessary delay”).

2013See Hardin, 597 S.W.2d at 350 (concluding that amendment was prejudicial on its face where “[the] amendments could not have been anticipated by the plaintiff, and had they been permitted, they would have prejudiced the plaintiff’s presentation of the case and resulted in unnecessary delay”).

22

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 (2)

CaseCitedYears
John H. Thomas, M.D. v. Graham Mortgage Corporation and Chris Norris, Substitute Trustee green
texapp · 2013
2 sentences

2014Under those circumstances, the court concluded no surprise or prejudice was apparent on the face of the pleadings; the bank “could have anticipated that Thomas would assert a section 53.001 offset defense.” Id.

2014Three days after asserting its deficiency claim, the Bank Defendants moved for summary judgment on the claim, and less than two months later, Thomas ametided his pleadings and requested an offset under section 53.001.” Id.

22014–2014
Interstate 35/Chisam Road, L.P. v. Moayedi green
texapp · 2012
1 sentence

2013Id. at 797-801 .

12013–2013

Statutes the citing opinions construe

TX § Tex. Prop. Code § 51.003 (4)

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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