Gerald Godoy v. Wells Fargo Bank, N.A.
Texas Supreme Court
1Opinion of the CourtJustice Blacklock
Seventy-five years ago in Simpson v. McDonald , this Court held that "an agreement in advance to waive or not plead the statutes of limitation is void as against public policy." 142 Tex. 444 , 179 S.W.2d 239 , 243 (1944). We reaffirm that longstanding principle today, although we agree with the courts of appeals that have since interpreted Simpson to allow a contractual waiver of the statute of limitations if the waiver is "specific and for a reasonable time." E.g. , Am. Alloy Steel, Inc. v. Armco, Inc. , 777 S.W.2d 173 , 177 (Tex. App.-Houston [14th Dist.] 1989, no writ). The court of…
2Cases cited24 opinions
- Valence Operating Co. v. DorsettTexas Supreme Court · 2005
- Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
- Roark v. STALLWORTH OIL AND GAS, INCTexas Supreme Court · 1991
- Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
- Childs v. HausseckerTexas Supreme Court · 1998
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- Alicia Fernandez, Hasan Hashmi, and Suleman F. Hashmi v. Independent Bank, Texas Court of Appeals, 2nd District (Fort Worth)2021
- Alison Maynard and Richard Carlisle v. Mark Bankston, Texas Court of Appeals, 4th District (San Antonio)2025
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