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19 Texas opinions name it 2 courts 1999–2019 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.
| Case | Followed | Cited |
|---|---|---|
Pedregon v. Sanchezgreen2 sentences2009Id. at 92, 96 . 2009Id. at 92, 96 . | 2 | 2 |
State v. Humble Oil & Refining Co.green2 sentences2007Because the offset claim was for taxes owed for a different taxing period, the supreme court reasoned that the offset claim had "no connection with [governmental entity's claim for taxes], and the two claims [were] entirely independent of each other." Id. 2007Because the offset claim was for taxes owed for a different taxing period, the supreme court reasoned that *591 the offset claim had “no connection with [governmental entity’s claim for taxes], and the two claims [were] entirely independent of each other.” Id. | 1 | 4 |
LaSalle Bank National Ass'n v. Sleutelgreen2 sentences2015See also LaSalle Bank Nat’l Ass’n v. Sleutel, 289 F.3d 837, 839-42 (5th Cir. 2002) (holding guarantor waived § 51.003 rights under agreement providing “Guarantor expressly waives and relinquishes all rights and remedies now or hereafter accorded 15 Second, every document signed by Defendants unambiguously waives rights under § 51.003. 2014E.g., LaSalle Bank Nat’l Ass’n v. Sleutel, 289 F.3d 837 , 839–42 (5th Cir. 2002); Interstate 35/Chisam Rd., L.P. v. Moayedi, 377 S.W.3d 791 , 796–99 (Tex. App.—Dallas 2012, pet. granted); Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267, 279 (Tex. App.—Houston [1st Dist.] 2004, pet. dism’d). | 1 | 2 |
Valence Operating Co. v. Dorsettgreen1 sentence2016See Valence Operating Co., 164 S.W.3d at 662 ; Heritage Res., 939 S.W.2d at 121 . | 1 | 1 |
Robert H. Holmes, Sr. v. Graham Mortgage Corporationgreen1 sentence2015In this case, however, 410 Centre and Urbahns agree to pay all amounts owed without relief from – not just general laws – but from valuation and appraisement laws, and Urbahns waived any right he may have had specifically under “any anti-deficiency statute or other similar protections.” (PX2, 4.) 5 Holmes v. Graham Mortgage Corp., 449 S.W.3d 257, 265 (Tex. App.—Dallas 2014, pet. denied) (holding guarantor who waived “any defense to liability” included an offset defense under § 51.003 as a matter of law); Nussbaum v. City Nat’l Bank, No. 14-13-01052-CV; 2015 WL 545603 , at *3 (Tex. App.—Houston | 1 | 1 |
Compass Bank v. Stephen L. Goodmangreen1 sentence2015In this case, however, 410 Centre and Urbahns agree to pay all amounts owed without relief from – not just general laws – but from valuation and appraisement laws, and Urbahns waived any right he may have had specifically under “any anti-deficiency statute or other similar protections.” (PX2, 4.) 5 Holmes v. Graham Mortgage Corp., 449 S.W.3d 257, 265 (Tex. App.—Dallas 2014, pet. denied) (holding guarantor who waived “any defense to liability” included an offset defense under § 51.003 as a matter of law); Nussbaum v. City Nat’l Bank, No. 14-13-01052-CV; 2015 WL 545603 , at *3 (Tex. App.—Houston | 1 | 1 |
Segal v. Emmes Capital, L.L.C.green1 sentence2014E.g., LaSalle Bank Nat’l Ass’n v. Sleutel, 289 F.3d 837 , 839–42 (5th Cir. 2002); Interstate 35/Chisam Rd., L.P. v. Moayedi, 377 S.W.3d 791 , 796–99 (Tex. App.—Dallas 2012, pet. granted); Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267, 279 (Tex. App.—Houston [1st Dist.] 2004, pet. dism’d). | 1 | 1 |
Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development Corporationgreen1 sentence2014Moayedi v. Interstate 35/Chisam Rd., L.P., 438 S.W.3d 1, 8 (Tex.2014). | 1 | 1 |
Vallone v. Vallonegreen1 sentence2010Vallone v. Vallone, 644 S.W.2d 455, 459 (Tex. 1982). ―The party claiming the right of reimbursement has the burden of pleading and proving that the expenditures and improvements were made and that they are reimbursable.‖ Bigelow, 286 S.W.3d at 622 . ―The party seeking an offset to a claim for reimbursement has the burden of proof with respect to the offset.‖ TEX. | 1 | 1 |
In Re AMgreen1 sentence2007The offset authorized by section 157.008 "operates only as a defense to a motion to enforce an existing order[.]" In the Interest of A.M., 192 S.W.3d 570, 575 (Tex. 2006); Tex. Fam. | 1 | 1 |
Lucey v. SE TEX. EMERGENCY PHYSICIAN ASSOC.green1 sentence2003Tex. Emergency Physicians Assocs. , 802 S.W.2d 300, 304 (Tex. App.—El Paso 1990, writ denied) ( “We can only conclude that the plaintiff with unliquidated claims which are not severable may nevertheless reduce those claims and make them for a sum within the court's jurisdiction.”) 3: Without further discussion in its brief, Appellee states it is entitled to an offset for its claim against Appellant, and that the entirety of Appellant’s jury award is offset by Appellee’s jury award. | 1 | 1 |
James v. Nationwide Property & Casualty Insurance Co.green1 sentence1999Accord James, 786 S.W.2d at 934 (same argument made and rejected). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst and R. May Oil & Gas Company, Ltd. v. Murphy Exploration & Production Co.-USA, a Delaware Corporation
green
2 sentences2018The court of appeals held that Murphy failed to prove as a matter of law that the Herbst met the requirements of the offset clause, so Murphy was not entitled to summary judgment. 497 S.W.3d 510 , 516-17 (Tex. App.-San Antonio 2016). 2018The court of appeals held that Murphy failed to prove as a matter of law that the Herbst met the requirements of the offset clause, so Murphy was not entitled to summary judgment. 497 S.W.3d 510 , 516–17 (Tex. App.—San Antonio 2016). | 2 | 2018–2018 |
Bright & Co. v. Holbein Family Mineral Trust
green
2 sentences2015Id. at 746-47 . 2015Id. at 746–47. | 2 | 2015–2015 |
Murphy Exploration & Prod. Company-usa, Corp. v. Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst, & R. May Oil & Gas Co.
green
2 sentences2019Id. at 112 . 2019Id. at 113-14 . | 1 | 2019–2019 |
Heritage Resources, Inc. v. NationsBank
green
1 sentence2016See Valence Operating Co., 164 S.W.3d at 662 ; Heritage Res., 939 S.W.2d at 121 . | 1 | 2016–2016 |
Interstate 35/Chisam Road, L.P. v. Moayedi
green
1 sentence2014E.g., LaSalle Bank Nat’l Ass’n v. Sleutel, 289 F.3d 837 , 839–42 (5th Cir. 2002); Interstate 35/Chisam Rd., L.P. v. Moayedi, 377 S.W.3d 791 , 796–99 (Tex. App.—Dallas 2012, pet. granted); Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267, 279 (Tex. App.—Houston [1st Dist.] 2004, pet. dism’d). | 1 | 2014–2014 |
Bigelow v. Stephens
green
1 sentence2010Vallone v. Vallone, 644 S.W.2d 455, 459 (Tex. 1982). ―The party claiming the right of reimbursement has the burden of pleading and proving that the expenditures and improvements were made and that they are reimbursable.‖ Bigelow, 286 S.W.3d at 622 . ―The party seeking an offset to a claim for reimbursement has the burden of proof with respect to the offset.‖ TEX. | 1 | 2010–2010 |
MID-CENTURY INS. CO. OF TEXAS v. Kidd
green
1 sentence1999Co. v. Kidd, 974 S.W.2d 848 (Tex.App. — El Paso 1998, pet. filed), but the opinion does not mention an offset clause in the policy, and therefore does not address the validity and enforceability of such a clause. 6 . | 1 | 1999–1999 |
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.