Background

• Crown Asset Management (successor to FNBO) sued Jamie Marshall in Feb 2016 to collect $5,820.82 in unpaid credit-card debt (breach of contract and stated account).
• Bench trial was held; no reporter’s record on appeal, but trial court entered written findings and conclusions adverse to Marshall.
• Trial court found Marshall had the card, acknowledged liability, made prior payments, and that the October 2012 statement reflected the balance sued upon; it also found Marshall made no payment in the past four years and presented no evidence of the date of last payment or last purchase.
• Marshall asserted a statute-of-limitations defense (4-year limitation) arguing the claims accrued when she stopped paying, more than four years before suit.
• The trial court rejected limitations; Marshall appealed, bearing the burden to conclusively prove accrual before Feb 2012.

Issues

Key Cases Cited

• Woods v. William M. Mercer, Inc., 769 S.W.2d 515 (Tex. 1988) (party asserting limitations defense bears burden at trial)
• Dow Chem. Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (appellant must conclusively establish limitations on appeal)
• Provident Life & Acc. Ins. Co. v. Knott, 128 S.W.3d 211 (Tex. 2003) (general rule on accrual: claim accrues when facts permit judicial remedy)
• Dodeka, L.L.C. v. Campos, 377 S.W.3d 726 (Tex. App.—San Antonio 2012) (in a breach-only claim, accrual may be date of last payment where evidenced)
• Capital One Bank (USA), N.A. v. Conti, 345 S.W.3d 490 (Tex. App.—San Antonio 2011) (proof of last payment alone is not necessarily conclusive evidence of when dealings ceased for open/stated account accrual)
• Eaves v. Unifund CCR Partners, 301 S.W.3d 402 (Tex. App.—El Paso 2009) (elements of breach-of-contract and stated-account claims)