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.