Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Wednesday, March 2, 2016

Laches explained (equitable remedy)


WHAT IS LACHES AND WHEN CAN IT BE INVOKED? 

"[L]aches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time."Bluebonnet Sav. Bank, F.S.B. v. Grayridge Apartment Homes, Inc., 907 S.W.2d 904, 912 (Tex. App.-Houston [1st Dist.] 1995, writ denied). Based on the doctrine of laches, a claim is described as being stale. Id. 
  
The elements of a laches defense are (1) an unreasonable delay in asserting a legal or equitable right, and (2) a good faith, detrimental change of position because of the delay. Rogers v. Rican Enters., Inc., 772 S.W.2d 76, 80 (Tex. 1989). "Although a court applying the doctrine of laches is not bound by any particular statute of limitations, the statute of limitations [may be] one measure of whether a claim has become stale." Bluebonnet Sav. Bank, 907 S.W.2d at 912.[19] 

SOURCE:  TEXARCANA COURT OF APPEALS - No. 06-15-00074-CV - 22/25/2016 
CASE STYLE: DON A. WADE v. HOUSEHOLD FINANCE CORP. III 


IV. Doctrine of Laches

Wade also asserts the doctrine of laches as an affirmative defense. 

Thursday, February 4, 2016

Right to an offset is an affirmative defense

 
RIGHT TO OFFSET: WHO HAS BURDEN TO PLEAD AND PROVE IT? 

The right to an offset is an affirmative defense, and the burden of pleading offset and of proving facts necessary to support it are on the party making the assertion. Lone Starr Multi-Theatres, Ltd. v. Max Interests, Ltd., 365 S.W.3d 688, 704 (Tex. App.-Houston [1st Dist.] 2011, no pet.)SAS & Assocs., Inc. v. Home Mktg. Servicing, Inc., 168 S.W.3d 296, 301 (Tex. App.-Dallas 2005, pet. denied)see also TEX. R. CIV. P. 94. 

Here, Metzger has waived the defense because he did not plead for an offset, and he did not make any objection to the jury charge regarding this matter. See Lone Starr, 365 S.W.3d at 704Columbia Med. Ctr. of Las Colinas v. Bush ex rel. Bush, 122 S.W.3d 835, 862 (Tex. App.-Fort Worth 2003, pet. denied)see also TEX. R. APP. P. 33.1(a). 

SOURCE: Houston Court of Appeals - 01-14-00705-CV - 1/21/2016