19 Texas opinions name it 3 courts 1963–2026 1 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 |
|---|---|---|
Reagan v. Vaughngreen2 sentences2012Consequently, “the defenses which bar all or part of the injured parent’s recovery have the same effect on the child’s recovery.” Reagan, 804 S.W.2d at 468 (opin. on reh’g); Upjohn Co. v. Freeman, 885 S.W.2d 538, 541 (Tex. App. – Dallas 1994, writ denied). 2012Consequently, “the defenses which bar all or part of the injured parent’s recovery have the same effect on the child’s recovery.” Reagan, 804 S.W.2d at 468 (opin. on reh’g); Upjohn Co. v. Freeman, 885 S.W.2d 538, 541 (Tex.App.-Dallas 1994, writ denied). | 3 | 5 |
Woods v. William M. Mercer, Inc.green2 sentences2012Mercer, Inc., 769 S.W.2d 515, 518 (Tex. 1988) (“A defendant who has established that suit is barred cannot be expected to anticipate the plaintiff’s defenses to that bar. 2012Mercer, Inc., 769 S.W.2d 515, 518 (Tex.1988) ("A defendant who has established that suit is barred cannot be expected to anticipate the plaintiff’s defenses to that bar. | 3 | 4 |
Upjohn Co. v. Freemangreen2 sentences2012Consequently, “the defenses which bar all or part of the injured parent’s recovery have the same effect on the child’s recovery.” Reagan, 804 S.W.2d at 468 (opin. on reh’g); Upjohn Co. v. Freeman, 885 S.W.2d 538, 541 (Tex. App. – Dallas 1994, writ denied). 2012Consequently, “the defenses which bar all or part of the injured parent’s recovery have the same effect on the child’s recovery.” Reagan, 804 S.W.2d at 468 (opin. on reh’g); Upjohn Co. v. Freeman, 885 S.W.2d 538, 541 (Tex.App.-Dallas 1994, writ denied). | 2 | 2 |
Wayne v. A.V.A. Vending, Inc.green1 sentence2026Vending, Inc., 52 S.W.3d 412, 415 (Tex. App.—13th Dist. 2001, pet. denied) for that premise.177 2. | 1 | 1 |
Caldwell v. Barnesgreen1 sentence2026The Mavericks’ Arguments [¶ 205] The Mavericks’ Affirmative Defenses motion asserts that laches is an equitable defense that does not apply to this breach of contract case. 176 They relied on Johns Law Firm, LLC v. Pawlik, No. 24-20147, 2024 WL 4835239 , *5 (5th Cir. Nov. 24, 2024) (citing Texas law); Caldwell v. Barnes, 975 S.W.2d 535, 538 (Tex. 1998); and Wayne v. A.V.A. | 1 | 1 |
Teal Trading and Development, LP v. Champee Springs Ranches Property Owners Associationgreen1 sentence2017See Teal Trading, 432 S.W.3d at 394 (noting issue was whether Champee Springs waived Non-Access Easement based on 1999 Replat and became es-topped from enforcing it). | 1 | 1 |
City of Houston v. Clear Creek Basin Authoritygreen1 sentence2009See City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 675-77 (Tex. 1979) (holding grounds for summary judgment must be expressly set out in motion). | 1 | 1 |
Sefzik v. City of McKinneygreen1 sentence2008Sefzik v. City of McKinney, 198 S.W.3d 884, 891-92 (Tex.App.-Dallas 2006, no pet.). | 1 | 1 |
Cowling v. Colligangreen2 sentences2000The defenses of waiver, abandonment, and “changed conditions” are set out in the Texas Supreme Court’s decision in Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943 (1958). 2000The defenses of waiver, abandonment, and “changed conditions” are set out in the Texas Supreme Court’s decision in Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943 (1958). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McConnell v. Southside Independent School District
green
1 sentence2026Id. at 344 . [¶ 212] Because the Stars did not satisfy Rule 166a(c)’s requirements, the court need not and does not consider their laches defense to the Mavericks’ Declaratory Judgment motion.185 [¶ 213] Regardless, and alternatively, the court grants the Mavericks’ Affirmative Defenses motion as applied to the Stars’ laches defense. c. | 1 | 2026–2026 |
Whittlesey v. Miller
green
1 sentence2002Id. at 468 . | 1 | 2002–2002 |
Sorrels v. Sorrels
green
1 sentence1985Id. at 697-98 . | 1 | 1985–1985 |
Conner v. Bean
green
1 sentence1985Similarly, in Conner v. Bean, 630 S.W.2d 697 (Tex.App.1981, writ ref’d n.r.e.), the Houston First Court of Appeals, in a suit for breach and anticipatory breach of a contractual alimony agreement incorporated into a divorce judgment, held that a former husband’s defenses of no consideration and no acceptance of his offer were barred as collateral attacks on the final judgment of divorce, as they attacked the validity of the agreement at its inception. | 1 | 1985–1985 |
JR Gray Company v. Jacobs
green
1 sentence1964Gray Co. v. Jacobs, Tex.Civ.App., 362 S.W.2d 167, 172 ; San Antonio Machine & Supply Co. v. Allen, supra. What we have heretofore said in regard to modification, would apply to some extent to the defenses of waiver and estop-pel. | 1 | 1964–1964 |
San Antonio MacHine & Supply Co. v. Allen
green
1 sentence1964Gray Co. v. Jacobs, Tex.Civ.App., 362 S.W.2d 167, 172 ; San Antonio Machine & Supply Co. v. Allen, supra. What we have heretofore said in regard to modification, would apply to some extent to the defenses of waiver and estop-pel. | 1 | 1964–1964 |
Lowrimore v. Sanders
green
2 sentences1963In holding that it was not error to include the element of new and independent cause in the definition of proximate cause under the facts of the case, this Court in Lowri-more v. Sanders, 129 Tex. 563 , 103 S.W.2d 739 , said: “The plaintiff’s claim for damages is based upon the defendant’s negligence ; one of the defendant’s defenses is the claim of contributory negligence of plaintiff, based in. part upon the above acts of the plaintiff. 1963In holding that it was not error to include the element of new and independent cause in the definition of proximate cause under the facts of the case, this Court in Lowri-more v. Sanders, 129 Tex. 563 , 103 S.W.2d 739 , said: “The plaintiff’s claim for damages is based upon the defendant’s negligence ; one of the defendant’s defenses is the claim of contributory negligence of plaintiff, based in. part upon the above acts of the plaintiff. | 1 | 1963–1963 |
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.