Highlights from Current Issue
• Court of Civil Appeals holds that an affirmative defense, such as the fact that a claim is barred by the applicable statute of limitations, is not waived when it is apparent from the face of the defendant’s responsive pleading.
• Court of Civil Appeals reverses trial court’s judgment that required employer to repay employee benefits that it had withheld based on the fact that subsequent to his workers’ compensation award, employee also started receiving disability benefits.
• Court of Civil Appeals holds that while a modification of child support should generally be retroactively applied to the date of filing, mother in this case failed to show income of the parties at all pertinent times and therefore, trial court did not err by denying retroactive application.
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To learn details about some of the more notable decisions of 2008