equitable affirmative defense (Texas) · Go Syfert
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equitable affirmative defense in Texas

7 Texas opinions name it 1 courts 1995–2024 1 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 (6)

CaseFollowedCited
Adams v. First National Bank of Bells/Savoygreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Dunnagan v. Watson, 204 S.W.3d 30, 41 (Tex. App.—Fort Worth 2006, pet. denied); Adams v. First Nat’l Bank of Bells/Savoy, 154 S.W.3d 859, 876 (Tex. App.—Dallas 2005, no pet.).

2009Dunnagan v. Watson , 204 S.W.3d 30, 41 (Tex. App.—Fort Worth 2006, pet. denied); Adams v. First Nat’l Bank of Bells/ Savoy , 154 S.W.3d 859, 876 (Tex. App. — Dallas 2005, no pet.). “ Equitable relief is not warranted when the plaintiff has engaged in unconscionable, unjust, or inequitable conduct with regard to the issue in dispute.” Dunnagan , 204 S.W.3d at 41 ; see also Flores v. Flores, 116 S.W.3d 870, 876 (Tex. App.—Corpus Christi 2003, no pet.) (“The doctrine applies against a litigant whose own conduct in connection with the same matter or transaction has been unconscientious, unjust, ma

22
Dunnagan v. Watsongreen
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Dunnagan v. Watson, 204 S.W.3d 30, 41 (Tex. App.—Fort Worth 2006, pet. denied); Adams v. First Nat’l Bank of Bells/Savoy, 154 S.W.3d 859, 876 (Tex. App.—Dallas 2005, no pet.).

2009Dunnagan v. Watson , 204 S.W.3d 30, 41 (Tex. App.—Fort Worth 2006, pet. denied); Adams v. First Nat’l Bank of Bells/ Savoy , 154 S.W.3d 859, 876 (Tex. App. — Dallas 2005, no pet.). “ Equitable relief is not warranted when the plaintiff has engaged in unconscionable, unjust, or inequitable conduct with regard to the issue in dispute.” Dunnagan , 204 S.W.3d at 41 ; see also Flores v. Flores, 116 S.W.3d 870, 876 (Tex. App.—Corpus Christi 2003, no pet.) (“The doctrine applies against a litigant whose own conduct in connection with the same matter or transaction has been unconscientious, unjust, ma

22
Lawrence v. Lawrencegreen
texapp · 1995 · cited in 2 Texas opinions naming this issue, 2004–2005
2 sentences

2005Lawrence v. Lawrence, 911 S.W.2d 443, 449 (Tex.App.-Texarkana 1995, writ denied).

2005Lawrence v. Lawrence, 911 S.W.2d 443, 449 (Tex.App.-Texarkana 1995, writ denied).

22
At & T CORP. v. Rylandergreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015AT&T Corp. v. Rylander. 2 S.W.3d 546, 557 (Tex. App.— Austin 1999. pet. denied).

11
Flores v. Floresgreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009Dunnagan v. Watson , 204 S.W.3d 30, 41 (Tex. App.—Fort Worth 2006, pet. denied); Adams v. First Nat’l Bank of Bells/ Savoy , 154 S.W.3d 859, 876 (Tex. App. — Dallas 2005, no pet.). “ Equitable relief is not warranted when the plaintiff has engaged in unconscionable, unjust, or inequitable conduct with regard to the issue in dispute.” Dunnagan , 204 S.W.3d at 41 ; see also Flores v. Flores, 116 S.W.3d 870, 876 (Tex. App.—Corpus Christi 2003, no pet.) (“The doctrine applies against a litigant whose own conduct in connection with the same matter or transaction has been unconscientious, unjust, ma

11
City of Fort Worth v. Johnsongreen
tex · 1964 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995City of Fort Worth v. Johnson, 388 S.W.2d 400, 403 (Tex.1964).

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
Glover v. Union Pacific Railroad green
texapp · 2006
1 sentence

2024Glover involved neither a tax judgment nor a due process claim, but did, as Map correctly notes, include in its summary of relevant law the statement that “[t]he cause of action for an injury to property belongs to the person owning the property at the time of the injury.” Glover, 187 S.W.3d at 209 .

12024–2024
American Homeowner Preservation Fund, LP v. Pirkle green
texapp · 2015
1 sentence

2024Additionally, while Pirkle held that the successor party there lacked standing based on an “inquir[y] as to whether there are notions of equity and public policy that would vitiate the assignment of the claim under the circumstances,” 475 S.W.3d at 519 , Pirkle was decided in 2015, before the Supreme Court in Mitchell suggested that related concerns might be considered in a different framework, i.e., in the context of an equitable affirmative defense, as explained in our discussion of laches below.

12024–2024

Where else courts name it

TX 7 (1995–2024) IL 5 (2021–2023) ME 5 (2005–2017) PA 3 (1993–2010) MO 2 (1986–1992) NY 2 (2024–2024) NJ 2 (2021–2024)

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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