Legal Opinion

Gerald Godoy v. Wells Fargo Bank, N.A.

Texas Supreme Court

Decided May 10, 2019No. 18-0071PublishedCited by 42 opinions

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

  1. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  2. Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
  3. Roark v. STALLWORTH OIL AND GAS, INCTexas Supreme Court · 1991
  4. Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
  5. Childs v. HausseckerTexas Supreme Court · 1998

19 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. ABP Holdings, Inc. Frankey J. Anderson, Antonio D. Partee and Wemyth Dewayne Breckenridge v. Rainbow International LLC, Texas Court of Appeals, 10th District (Waco)2021
  2. Alan Josep Mury v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2022
  3. Alice Byrd v. Nationstar Mortgage, LLC, Texas Court of Appeals, 3rd District (Austin)2025
  4. Alicia Fernandez, Hasan Hashmi, and Suleman F. Hashmi v. Independent Bank, Texas Court of Appeals, 2nd District (Fort Worth)2021
  5. Alison Maynard and Richard Carlisle v. Mark Bankston, Texas Court of Appeals, 4th District (San Antonio)2025

37 more not listed; retrieve them via the Exa API.

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