accrual date claim in Texas

2025Tex. 2015) (noting that Hughes principle “applies in the foreclosure context”); Merry Homes, Inc. v. Luc Dao, No. 14-16-00724-CV, 2017 WL 4159206 , at *3 (Tex. App.—Houston [14th Dist.] Sept. 19, 2017, no pet.) (mem. op.) (“[C]ourts have noted that the accrual date on a claim may be delayed where the viability of a cause of action depends upon the outcome of another case, or a legal impediment delays the party from bringing the cause of action.” (citing Rogers v. Ricane Enters., Inc., 930 S.W.2d 157, 167 (Tex. App.—Amarillo 1996, writ denied))).

2017See Rogers v. Ricane Enters., Inc., 930 S.W.2d 157, 167 (Tex. App.—Amarillo 1996, writ denied) (discussing theory but finding it inapplicable because there was no impediment to bringing conversion action before suit to quiet title was terminated); Cavitt v. Amsler, 242 S.W. 246, 249 (Tex. Civ.

2025And “the power of sale in a deed of trust is a valuable contract right which ‘cannot be impaired by any subsequent act of the mortgagor.’” Cloward v. U.S. Bank Tr., N.A., No. 05-18-01397-CV, 2020 WL 4435306 , at *4 (Tex. App.—Dallas Aug. 3, 2020, pet. denied) (mem. op.) (quoting Kaspar v. Keller, 466 S.W.2d 326, 329 (Tex. App.—Waco 1971, writ ref’d n.r.e.)).

2021See KPMG Peat Marwick, 988 S.W.2d at 748 .

2020Even more, the discovery rule is a “very limited exception to statutes of limitations[.]”15 It is available only “when the nature of the plaintiff’s injury is both inherently undiscoverable and objectively verifiable.” 16 And even when the discovery rule applies, the date a claim accrues “does not linger until a claimant learns of actual causes and possible cures.” 17 Instead, “[o]nce a claimant learns of a wrongful injury, the statute of limitations begins to run even if the claimant does not yet know the specific cause of the injury; the party responsible for it; the full extent of it; or th

2020Even more, the discovery rule is a “very limited exception to statutes of limitations[.]”15 It is available only “when the nature of the plaintiff’s injury is both inherently undiscoverable and objectively verifiable.” 16 And even when the discovery rule applies, the date a claim accrues “does not linger until a claimant learns of actual causes and possible cures.” 17 Instead, “[o]nce a claimant learns of a wrongful injury, the statute of limitations begins to run even if the claimant does not yet know the specific cause of the injury; the party responsible for it; the full extent of it; or th

2017Corp., 945 S.W.2d 812, 817 (Tex. 1997); W.O.

2017See Rogers v. Ricane Enters., Inc., 930 S.W.2d 157, 167 (Tex. App.—Amarillo 1996, writ denied) (discussing theory but finding it inapplicable because there was no impediment to bringing conversion action before suit to quiet title was terminated); Cavitt v. Amsler, 242 S.W. 246, 249 (Tex. Civ.