party cannot claim (Texas) · Go Syfert
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party cannot claim in Texas

8 Texas opinions name it 1 courts 1952–2018 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 (9)

CaseFollowedCited
Williams v. Glashgreen
tex · 1990 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Nobles v. Marcus, 533 S.W.2d 923, 926 (Tex.1976) (holding that deeds obtained by fraud are voidable and remain effective until set aside); see also Williams v. Glash, 789 S.W.2d 261, 264 (Tex.1990) (stating that when parties to an agreement have contracted under a mutual misconception of material fact, the agreement is voidable under the doctrine of mutual mistake); Zapatero v. Canales, 730 S.W.2d 111, 114 (Tex.App.-San Antonio 1987, writ refd n.r.e.) (declaring that a party cannot claim unilateral mistake concerning outstanding mineral interest because interest was fully described in deed

2010See Nobles v. Marcus , 533 S.W.2d 923, 926 (Tex. 1976) (holding that deeds obtained by fraud are voidable and remain effective until set aside); see also Williams v. Glash , 789 S.W.2d 261, 264 (Tex. 1990) (stating that when parties to an agreement have contracted under a mutual misconception of material fact, the agreement is voidable under the doctrine of mutual mistake); Zapatero v. Canales , 730 S.W.2d 111, 114 (Tex. App.—San Antonio 1987, writ ref’d n.r.e.) (declaring that a party cannot claim unilateral mistake concerning outstanding mineral interest because interest was fully described

22
Nobles v. Marcusgreen
tex · 1976 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Nobles v. Marcus, 533 S.W.2d 923, 926 (Tex.1976) (holding that deeds obtained by fraud are voidable and remain effective until set aside); see also Williams v. Glash, 789 S.W.2d 261, 264 (Tex.1990) (stating that when parties to an agreement have contracted under a mutual misconception of material fact, the agreement is voidable under the doctrine of mutual mistake); Zapatero v. Canales, 730 S.W.2d 111, 114 (Tex.App.-San Antonio 1987, writ refd n.r.e.) (declaring that a party cannot claim unilateral mistake concerning outstanding mineral interest because interest was fully described in deed

2010See Nobles v. Marcus , 533 S.W.2d 923, 926 (Tex. 1976) (holding that deeds obtained by fraud are voidable and remain effective until set aside); see also Williams v. Glash , 789 S.W.2d 261, 264 (Tex. 1990) (stating that when parties to an agreement have contracted under a mutual misconception of material fact, the agreement is voidable under the doctrine of mutual mistake); Zapatero v. Canales , 730 S.W.2d 111, 114 (Tex. App.—San Antonio 1987, writ ref’d n.r.e.) (declaring that a party cannot claim unilateral mistake concerning outstanding mineral interest because interest was fully described

22
Zapatero v. Canalesgreen
texapp · 1987 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Nobles v. Marcus, 533 S.W.2d 923, 926 (Tex.1976) (holding that deeds obtained by fraud are voidable and remain effective until set aside); see also Williams v. Glash, 789 S.W.2d 261, 264 (Tex.1990) (stating that when parties to an agreement have contracted under a mutual misconception of material fact, the agreement is voidable under the doctrine of mutual mistake); Zapatero v. Canales, 730 S.W.2d 111, 114 (Tex.App.-San Antonio 1987, writ refd n.r.e.) (declaring that a party cannot claim unilateral mistake concerning outstanding mineral interest because interest was fully described in deed

2010See Nobles v. Marcus , 533 S.W.2d 923, 926 (Tex. 1976) (holding that deeds obtained by fraud are voidable and remain effective until set aside); see also Williams v. Glash , 789 S.W.2d 261, 264 (Tex. 1990) (stating that when parties to an agreement have contracted under a mutual misconception of material fact, the agreement is voidable under the doctrine of mutual mistake); Zapatero v. Canales , 730 S.W.2d 111, 114 (Tex. App.—San Antonio 1987, writ ref’d n.r.e.) (declaring that a party cannot claim unilateral mistake concerning outstanding mineral interest because interest was fully described

22
In Re Gulf Exploration, LLCgreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See In re Gulf Expl., LLC, 289 S.W.3d 836, 839 (Tex. 2009) (orig. proceeding).

11
Ohler v. United Statesgreen
scotus · 2000 · cited in 1 Texas opinions naming this issue, 2017–2017
2 sentences

2017See Ohler, 529 U.S. at 760 , 120 S.Ct. 1851 ; Roderick, 494 S.W.3d at 881 ; see also Thompson, 2001 WL 1002415 , at *2 (explaining that “a party cannot claim on appeal that evidence he introduced was erroneously admitted”).

2017See Ohler, 529 U.S. at 760 , 120 S.Ct. 1851 ; Roderick, 494 S.W.3d at 881 ; see also Thompson, 2001 WL 1002415 , at *2 (explaining that “a party cannot claim on appeal that evidence he introduced was erroneously admitted”).

11
Texaco, Inc. v. Pennzoil, Co.green
texapp · 1987 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Texaco, Inc. v. Pennzoil, Co., 729 S.W.2d 768, 841 (Tex. App.—Houston [1st Dist.] 1987, writ ref’d 13 Hinson mischaracterizes Fidelity’s summary judgment evidence.

11
Casu Ex Rel. Casu v. Marathon Refining Co.green
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Co., 896 S.W.2d 388, 389 (Tex.App.-Houston [1st Dist.] 1995, writ denied).

11
Belleza-Gonzalez v. Villagreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Allen v. City of Midlothian, 927 S.W.2d 316, 320 (Tex.App.-Waco 1996, no writ); see Belleza-Gonzalez v. Villa, 57 S.W.3d 8, 12 (Tex.App.-Houston [14th Dist.] 2001, no pet.) (when agreement between attorneys or parties delays appellant from obtaining service on appellees, agreement must meet requirements of rule 11); see also London Mkt.

11
Allen v. City of Midlothiangreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Allen v. City of Midlothian, 927 S.W.2d 316, 320 (Tex.App.-Waco 1996, no writ); see Belleza-Gonzalez v. Villa, 57 S.W.3d 8, 12 (Tex.App.-Houston [14th Dist.] 2001, no pet.) (when agreement between attorneys or parties delays appellant from obtaining service on appellees, agreement must meet requirements of rule 11); see also London Mkt.

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
Jesse Clyde Roderick v. State green
texapp · 2016
1 sentence

2017See Ohler, 529 U.S. at 760 , 120 S.Ct. 1851 ; Roderick, 494 S.W.3d at 881 ; see also Thompson, 2001 WL 1002415 , at *2 (explaining that “a party cannot claim on appeal that evidence he introduced was erroneously admitted”).

12017–2017
Shaw v. Borchers green
texcommnapp · 1932
1 sentence

1952In Shaw, Banking Commissioner v. Borchers, Tex.Com.App., 46 S.W.2d 967 , the court held that it is ordinarily the rule that a party cannot claim the benefit of estoppel without specially pleading the same, but the rule is otherwise if the matter constituting an estoppel is apparent upon the face of the pleading.

11952–1952

Where else courts name it

IL 34 (1904–2025) OH 24 (2000–2026) SD 20 (1965–2002) AL 18 (1987–2026) LA 16 (1912–2023) ND 13 (1968–2021) NY 13 (1977–2026) CA 13 (1900–2025) MS 12 (1971–2014) FL 11 (1985–2024) PA 10 (1941–2022) MO 10 (1982–2025) MI 10 (1938–2024) GA 10 (1988–2015) VA 9 (1951–2025) TX 8 (1952–2018) MT 8 (1976–1992) IN 8 (1960–2010) OR 7 (1872–2018) IA 6 (1882–2021) KS 5 (1998–2021) WA 5 (1914–2025) CO 5 (1981–2017) WY 5 (2016–2026) MN 4 (1940–2024) NM 4 (1983–2025) TN 4 (2003–2015) KY 3 (2005–2017) AZ 3 (2007–2016) CT 3 (1990–2009) NC 3 (1904–2001) NJ 3 (1990–2001) SC 2 (1986–2001) UT 2 (1947–2014) NV 2 (2023–2025) ME 2 (1967–1998) ID 2 (1953–2017) VT 2 (1983–2025) NE 2 (1974–1988)

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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