Barbara D. Cosgrove, Individually and as the Trustee of the Charles and Barbara Cosgrove Family Revocable Living Trust v. Michael Cade and Billie Cade

Chief Justice Hecht, Justice Green, Justice Lehrmann, and Justice Brown joined.

This deed-reformation dispute resolves whether a mistaken-but-unmistakable omission in an unambiguous warranty deed is the type of injury to which the “discovery rule,” a limited exception to statutes of limitations, should apply. .As the court of appeals opinion lamented, “we have no guidance from the Texas Supreme Court on how to apply [the discovery rule’s inherently undiscoverable injury] standard to the body of law on deed reformation.” 1 The stakes are high, as the reliability of record title contributes…