414, Sec. TRIAL, JUDGMENT, AND APPEAL. Sec. Added by Acts 1987, 70th Leg., 1st C.S., ch. An action against a county shall be brought in that county. (4) Subchapter B, Chapter 542, Insurance Code. LIMITATIONS SUBCHAPTER A. A suit against the owner of a steamboat or other vessel may be brought in the county or precinct in which: (1) the steamboat or vessel may be found; (3) the liability accrued or was contracted. (a) Except as provided by a law not contained in this chapter, an action against a political subdivision that is located in a county with a population of 100,000 or less shall be brought in the county in which the political subdivision is located. (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 323, Government Code. 4.10(1). Sec. 204, Sec. Added by Acts 1995, 74th Leg., ch . Sec. 959, Sec. LIMITATIONS OF PERSONAL ACTIONS. (5) "Settling person" means a person who has, at any time, paid or promised to pay money or anything of monetary value to a claimant in consideration of potential liability with respect to the personal injury, property damage, death, or other harm for which recovery of damages is sought. App.—Tyler 1981, writ ref'd n.r.e.) 1, eff. (3) "Liable defendant" means a defendant against whom a judgment can be entered for at least a portion of the damages awarded to the claimant. 15.0642. CONTRACTS WITH STATE AGENCIES. 15.0821. NONRESIDENT; RESIDENCE UNKNOWN. Sept. 1, 1985. Sec. A contract may be construed either before or after there has been a breach. (b) An action arising from a major transaction shall be brought in a county if the party against whom the action is brought has agreed in writing that a suit arising from the transaction may be brought in that county. Sec. 15.003. A stipulation, contract . 15.062. Prac. SUBCHAPTER E. SUITS BROUGHT IN JUSTICE COURT. Subject to Section 22.004, Government Code, to the extent that this chapter conflicts with the Texas Rules of Civil Procedure, this chapter controls. (c) A suit by a creditor on a contract for goods, services, or loans intended primarily for personal, family, household, or agricultural use may be brought only in the county and precinct in which the contract was signed or in which the defendant resides. Texas Civil Practice and Remedies Code, Chapter 61. 2.11A, eff. SUBTITLE B. The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person's responsibility for the claimant's injury or damage. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. (d) An interlocutory appeal under Subsection (b) has the effect of staying the commencement of trial in the trial court pending resolution of the appeal. EXECUTOR; ADMINISTRATOR; GUARDIAN. Tex. Added by Acts 1999, 76th Leg., ch. DECLARATORY JUDGMENTS . The Fifth District of Texas has held that an order which compelled discovery and the testimony of the attorney for a party to a mediation settlement violated the confidentiality protections afforded by the Texas Civil Practice and Remedies Code. 136, Sec. Sec. Sec. It is important to note that in some states, such as Texas, attorney fees may be automatic for successful plaintiffs in breach of contract cases. Aug. 28, 1995. 23.001(6), eff. Effect of Disability 16.002. (2) a plaintiff that did not independently establish proper venue did or did not establish the items prescribed by Subsections (a)(1)-(4). Amended by Acts 1995, 74th Leg., ch. 17, eff. Sept. 1, 1985. Chapter 134 allows the successful party - plaintiff (c) This section does not apply to an action brought under the Family Code. 136, Sec. Sec. 15.0151. & Rem. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (5) breach of fiduciary duty. Sec. Texas Civil Practice & Remedies Code, a statute that awards attorney's fees to . 1, eff. Limitation on Monetary Damages for Private Landowners on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . However, Texas law has long provided that a party in a breach of contract claim may recover her attorney's fees in addition to the damages she suffers. Sec. an action that accrued while the plaintiff was housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in the county in which the facility is located. 959, Sec. 1015 (H.B. Limitations of Personal Actions Section 16.004. Sec. Sept. 1, 1985. (d) to (h) Repealed by Acts 2003, 78th Leg., ch. A suit against a railroad company, a canal company, or the owners of a line of transportation vehicles for injury to a person or property on the railroad, canal, or line of vehicles or for liability as a carrier may be brought in a precinct through which that railroad, canal, or line of vehicles passes or in a precinct in which the route of that railroad, canal, or vehicle begins or ends. Sec. (2) the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in so doing proximately caused the damages legally recoverable by the claimant: (C) Section 20.04 (aggravated kidnapping); (F) Section 22.021 (aggravated sexual assault); (G) Section 22.04 (injury to a child, elderly individual, or disabled individual); (J) Section 32.45 (misapplication of fiduciary property or property of financial institution); (K) Section 32.46 (fraudulent securing of document execution); (L) Section 32.47 (fraudulent destruction, removal, or concealment of writing); (M) conduct described in Chapter 31 the punishment level for which is a felony of the third degree or higher; or. 1, eff. 15.015. slander, or breach of promise of marriage not later than one year after the day the cause of action accrues. (f) This chapter does not apply to a governmental unit or employee of a governmental unit as defined in the Texas Tort Claims Act (Subchapter A, Chapter 101, Civil Practice and Remedies Code). RECOVERY OF ATTORNEY'S FEES. (b) An action brought by two or more plaintiffs that accrued while the plaintiffs were housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in a county in which a facility that housed one of the plaintiffs is located. 1, eff. 959, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. CHAPTER 16. 33.012. (2) in the county where the defendant's principal office in this state is located. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 15.011. 204, Sec. Texas Civil Practice and Remedies Code Sec. temporary injunctive relief. Amended by Acts 2003, 78th Leg., ch. OTHER MANDATORY VENUE. Sec. TRIAL, JUDGMENT, AND APPEAL. Sec. 1602), Sec. 1, eff. After a discussion of the relevant legislative commentary regarding section 38.001, the author reviews a series of cases in which courts have applied the . VENUE DETERMINED BY FACTS EXISTING AT THE TIME OF ACCRUAL. 2, eff. CIVIL PRACTICE AND REMEDIES CODE TITLE 2. (b) In this section, "lease" means any written or oral agreement between a landlord and a tenant that establishes or modifies the terms, conditions, or other provisions relating to the use and occupancy of the real property that is the subject of the agreement. 2, eff. Sept. 1, 1985. Section 16.004 - Four-Year Limitations Period (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty. Limitation on Civil Action and Recovery of Damages on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . (2) "Coastal erosion" means the loss of land, marshes, wetlands, beaches, or other coastal features because of the actions of wind, waves, tides, storm surges, subsidence, or other forces. Read this complete Texas Civil Practice and Remedies Code - CIV PRAC & REM § 128.052. ATTORNEY'S FEES . September 1, 2005. (i) The filing or granting of a motion for leave to designate a person as a responsible third party or a finding of fault against the person: (1) does not by itself impose liability on the person; and. 221 (H.B. Added by Acts 1997, 75th Leg., ch. 1, eff. TRANSIENT PERSON. 277 (S.B. . (4) if the defendant does not have a principal office in this state located in a coastal county, in the county where the plaintiff resided at the time the cause of action accrued. 33.001. 15.005. The motion must be filed on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date. UNDER TEXAS CIVIL PRACTICE & REMEDIES CODE SECTION . Texas Civil Practice and Remedies Code - CIV PRAC & REM § 134A.002. 3.02, eff. 959, Sec. However, the . 24 3. Sept. 1, 2003. A transient person may be sued in any county in which he may be found. Acts 1985, 69th Leg., ch. 138, Sec. Added by Acts 1995, 74th Leg., ch. 79), Sec. Acts 2005, 79th Leg., Ch. SUBCHAPTER A.
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