Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Tuesday, February 14, 2017

Doctrine of laches (not the same as statute of limitations, but similar)


LACHES DOCTRINE IS EQUITABLE IN NATURE, WHILE SOL IS STATUTORY 

Laches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time. Green v. Parrack,974 S.W.2d 200, 203-04 (Tex. App.-San Antonio 1998, no pet.)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). To prevail, the party asserting laches must show two elements: (1) there was an unreasonable delay by the other party in asserting legal or equitable rights, and (2) the party asserting laches made a good faith change in position to his detriment because of the delay. Caldwell v. Barnes, 975 S.W.2d 535, 538 (Tex. 1998)Rogers v. Ricane Enters., Inc., 772 S.W.2d 76, 80 (Tex. 1989)

SOURCE: AUSTIN COURT OF APPEALS - No. 03-14-00738-CV - 1/20/2017