expired claim (Texas) · Go Syfert
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expired claim in Texas

8 Texas opinions name it 1 courts 1995–2020 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 (3)

CaseFollowedCited
J.M.K. 6, Inc v. Gregg & Gregg, P.C.green
texapp · 2006 · cited in 6 Texas opinions naming this issue, 2010–2010
2 sentences

2010In J.M.K. 6 , the Fourteenth Court of Appeals concluded that third-party actions are not contemplated by the terms "counterclaim or cross claim" contained in section 16.069 of the civil practice and remedies code and that "the purpose of section 16.069 would not be served by rewriting it to allow a defendant to revive an expired claim against a non-party." Id. at 200-02 ; see Tex. Civ.

2010In J.M.K. 6, the Fourteenth Court of Appeals concluded that third-party actions are not contemplated by the terms “counterclaim or cross claim” contained in section 16.069 of the civil practice and remedies code and that “the purpose of section 16.069 would not be served by rewriting it to allow a defendant to revive an expired claim against a non-party.” Id. at 200-02 ; see Tex. Civ.

36
Cathey v. Weavergreen
tex · 1922 · cited in 1 Texas opinions naming this issue, 1995–1995
2 sentences

1995See Tex. Const. Ann. art. 1, § 16 (Vernon 1984) (prohibiting retroactive laws); Cathey v. Weaver, 111 Tex. 515 , 242 S.W. 447, 451-52 (Tex.1922) (stating that a legislative enactment which revives an expired claim violates the state constitution); Mills v. Habluetzel, 456 U.S. 91 , 95 n. 1, 102 S.Ct. 1549 ,1552 n. 1, 71 L.Ed.2d 770 , 775 n. 1 (1982) (stating the same in a case implicating Texas law); Brantley v. Phoenix Ins.

1995See Tex. Const. Ann. art. 1, § 16 (Vernon 1984) (prohibiting retroactive laws); Cathey v. Weaver, 111 Tex. 515 , 242 S.W. 447, 451-52 (Tex.1922) (stating that a legislative enactment which revives an expired claim violates the state constitution); Mills v. Habluetzel, 456 U.S. 91 , 95 n. 1, 102 S.Ct. 1549 ,1552 n. 1, 71 L.Ed.2d 770 , 775 n. 1 (1982) (stating the same in a case implicating Texas law); Brantley v. Phoenix Ins.

11
Brantley v. Phoenix Insurance Co.green
texapp · 1976 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995Co., 536 S.W.2d 72, 74 (Tex.Civ.App. — Houston [1st Dist.] 1976, writ refd) (stating the same).

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 (2)

CaseCitedYears
Kuciemba v. State green
texcrimapp · 2010
1 sentence

2020Kuciemba, 310 S.W.3d at 462 .

12020–2020
Mills v. Habluetzel green
scotus · 1982
2 sentences

1995See Tex. Const. Ann. art. 1, § 16 (Vernon 1984) (prohibiting retroactive laws); Cathey v. Weaver, 111 Tex. 515 , 242 S.W. 447, 451-52 (Tex.1922) (stating that a legislative enactment which revives an expired claim violates the state constitution); Mills v. Habluetzel, 456 U.S. 91 , 95 n. 1, 102 S.Ct. 1549 ,1552 n. 1, 71 L.Ed.2d 770 , 775 n. 1 (1982) (stating the same in a case implicating Texas law); Brantley v. Phoenix Ins.

1995See Tex. Const. Ann. art. 1, § 16 (Vernon 1984) (prohibiting retroactive laws); Cathey v. Weaver, 111 Tex. 515 , 242 S.W. 447, 451-52 (Tex.1922) (stating that a legislative enactment which revives an expired claim violates the state constitution); Mills v. Habluetzel, 456 U.S. 91 , 95 n. 1, 102 S.Ct. 1549 ,1552 n. 1, 71 L.Ed.2d 770 , 775 n. 1 (1982) (stating the same in a case implicating Texas law); Brantley v. Phoenix Ins.

11995–1995

Statutes the citing opinions construe

TX § Tex. Occ. Code § 1101.806 (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.

Where else courts name it

TX 8 (1995–2020) CA 6 (1985–2014) NC 5 (2021–2025) IL 3 (2009–2009) PA 2 (2015–2017) MN 2 (2002–2014) ME 2 (2008–2025) KS 2 (1998–1998) IN 2 (1898–1973)

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.

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