defendant affirmatively pleads defense (Texas) · Go Syfert
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defendant affirmatively pleads defense in Texas

18 Texas opinions name it 1 courts 1975–2020 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 (4)

CaseFollowedCited
Williams v. Houston-Citizens Bank & Trust Co.green
texapp · 1975 · cited in 2 Texas opinions naming this issue, 1984–1992
2 sentences

1992Liles, 677 S.W.2d at 809 ; Williams v. Houston-Citizens Bank and Trust Co., 531 S.W.2d 434, 436 (Tex.Civ.App.—Houston [14th Dist.] 1975, writ ref’d n.r.e.).

1984Williams v. Houston-Citizens Bank and Trust Company, 531 S.W.2d 434, 436 (Tex.Civ.App.—Houston [14th Dist.] 1975, writ ref d n.r.e.).

22
Liles v. Phillipsgreen
texapp · 1984 · cited in 3 Texas opinions naming this issue, 1992–1999
2 sentences

1999Liles, 677 S.W.2d at 809 .

1995Liles v. Phillips , 677 S.W.2d 802, 809 (Tex. App.--Fort Worth 1984, writ ref'd n.r.e.).

13
Clemons v. Densongreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See Clemons v. Denson , 981 S.W.2d 941, 946 (Tex. App.—Houston [1st Dist.] 1998, pet. denied).

11
Rigo Manufacturing Company v. Thomasgreen
tex · 1970 · cited in 1 Texas opinions naming this issue, 1975–1975
1 sentence

1975Rigo Manufacturing Company v. Thomas, 458 S.W.2d 180, 182 (Tex.Sup.1970); Buie v. Couch, 126 S.W.2d 565 (Tex.Civ.App.—Waco 1939, writ ref’d). *436 When a defendant affirmatively pleads the defense of limitations, and when failure to timely serve the defendant is shown, the burden is on the plaintiff to explain the delay.

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 (5)

CaseCitedYears
Proulx v. Wells green
tex · 2007
2 sentences

2020Ashley, 293 S.W.3d at 179 ; Proulx, 235 S.W.3d at 215 . 5 The diligence inquiry asks “whether the plaintiff acted as an ordinarily prudent person would have acted under the same or similar circumstances” and continued to be “diligent up until the time the defendant was served.” Proulx, 235 S.W.3d at 216 .

2020Ashley, 293 S.W.3d at 179 ; Proulx, 235 S.W.3d at 215 . 5 The diligence inquiry asks “whether the plaintiff acted as an ordinarily prudent person would have acted under the same or similar circumstances” and continued to be “diligent up until the time the defendant was served.” Proulx, 235 S.W.3d at 216 .

92010–2020
Ashley v. Hawkins green
tex · 2009
2 sentences

2020Ashley, 293 S.W.3d at 179 ; Proulx, 235 S.W.3d at 215 . 5 The diligence inquiry asks “whether the plaintiff acted as an ordinarily prudent person would have acted under the same or similar circumstances” and continued to be “diligent up until the time the defendant was served.” Proulx, 235 S.W.3d at 216 .

2019Ashley, 293 S.W.3d at 179 ; Proulx, 235 S.W.3d at 215 .

82010–2020
Murray v. San Jacinto Agency, Inc. green
tex · 1991
2 sentences

2006Murray, 800 S.W.2d at 830 .

1997If a defendant affirmatively pleads the defense of limitations and shows the failure to timely serve the defendant, “the burden shifts to the plaintiff to explain the delay.” Murray, 800 S.W.2d at 830 .

31997–2006
Sharp v. Kroger Texas L.P. green
texapp · 2016
1 sentence

2019Sharp, 500 S.W.3d at 119 (citing Proulx, 235 S.W.3d at 216 ).

12019–2019
Buie v. Couch green
texapp · 1939
1 sentence

1975Rigo Manufacturing Company v. Thomas, 458 S.W.2d 180, 182 (Tex.Sup.1970); Buie v. Couch, 126 S.W.2d 565 (Tex.Civ.App.—Waco 1939, writ ref’d). *436 When a defendant affirmatively pleads the defense of limitations, and when failure to timely serve the defendant is shown, the burden is on the plaintiff to explain the delay.

11975–1975

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