Legal Opinion

Rey v. Acosta

Texas Court of Appeals, 8th District (El Paso)

Decided August 4, 1993No. 08-92-00438-CVPublishedCited by 18 opinions

1Opinion of the Court

OPINION

LARSEN, Justice.

This case requires us to decide whether the provisions of Tex.PROF.Code Ann. § 51.-002(d) (Vernon Supp.1993) apply retroactively. That statute requires that written notice of intent, with a 20-day period for debtors to cure default, precede acceleration of a note on residential real estate. We hold the provisions of Section 51.002(d) are retroactive as they are procedural, do not affect substantive rights, and are remedial in purpose. We therefore reverse the judgment of the trial court and remand for further proceedings.

FACTS

Benjamin and Elvia Rey bought land in El…

2Cases cited10 opinions

  1. Allen Sales & Servicenter, Inc. v. RyanTexas Supreme Court · 1975
  2. Phil. H. Pierce Co. v. WatkinsTexas Supreme Court · 1924
  3. McCain v. YostTexas Supreme Court · 1955
  4. Farr v. Sun World Savings Association, Texas Court of Appeals, 8th District (El Paso)1991
  5. Diversified, Inc. v. Walker, Texas Court of Appeals, 1st District (Houston)1985

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3Cited by18 opinions

  1. Price Pfister, Inc. v. Moore & Kimmey, Inc., Texas Court of Appeals, 14th District (Houston)2001
  2. Biggers v. BAC Home Loans Servicing, LPDistrict Court, N.D. Texas · 2011
  3. R.R. Street & Co. v. Pilgrim Enterprises, Inc., Texas Court of Appeals, 1st District (Houston)2002
  4. Ex Parte Kubas, Texas Court of Appeals, 13th District2002
  5. Liberty Mutual Insurance Co. v. Texas Department of Insurance, Texas Court of Appeals, 3rd District (Austin)2006

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