Chapter 17-2 Two-Year Statute of Limitations

• Jurisdiction: United States

17-2 Two-Year Statute of Limitations

The Texas Civil Practice and Remedies Code provides that the following causes of action are governed by the two-year statute of limitations:⁵

• trespass for injury to the estate or to the property of another
• conversion of personal property
• taking or detaining the personal property of another
• personal injury
• forcible entry and detainer
• forcible detainer
• wrongful death

The two-year statute of limitations is broadly applicable to all tort actions, except for fraud actions, which are governed by the four-year limitations period,⁶ including intentional infliction of emotional distress,⁷ tortious interference with a business relationship,⁸ tortious interference with contract,⁹ civil conspiracy claims,¹⁰ invasion of privacy,¹¹ legal malpractice,¹² an insurer's breach of duty of good faith and fair dealing,¹³ and claims under the DTPA.¹⁴

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Notes:

^[5] Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

^[6] Vol 5, Dorsaneo, Texas Litigation Guide, 72.02[1][b] (Matthew Bender); Church v. Ortho Diagnostic Sys., Inc., 694 S.W.2d 552, 555-56 (Tex. App.—Corpus 1985, writ ref'd n.r.e.).

^[7] Bhalli v. Methodist Hosp., 896 S.W.2d 207, 211 (Tex. App.—Houston [1st Dist.] 1995, writ denied) (citing Twyman v. Twyman, 855 S.W.2d 619, 625 (Tex. 1993) (describing intentional infliction of emotional distress as a claim for personal injury falling within Section 16.003 of the Texas Civil Practice & Remedies Code)).

^[8] If the underlying tort in the tortious interference claim is a defamatory remark, the statute of limitations may be one year. Defamation is subject to a one-year statute of limitations, Tex. Civ. Prac. & Rem. Code § 16.002(a), while tortious interference is subject to at least a two-year statute of limitations, First Nat'l Bank of Eagle Pass v. Levine, 721 S.W.2d 287, 289 (Tex. 1986). See also Hurlbut v. Gulf Atl. Life Ins. Co., 749 S.W.2d 762, 766 (Tex. 1987) ("Likewise, we have applied a one-year statute of limitations to business disparagement claims when the gravamen of the complaint is defamatory injury to reputation and there is no evidence of special damages.").

^[9] First Nat'l Bank of Eagle Pass v. Levine, 721 S.W.2d 287, 289 (Tex. 1986) (citing Atomic Fuel Extraction Corp. v. Estate of Slick, 386 S.W.2d 180 (Tex. Civ. App.—San Antonio 1964), writ ref'd n.r.e. (per curiam), 403 S.W.2d 784 (Tex. 1965)).

^[10] Cathey v. First City Bank of Aransas Pass, 758 S.W.2d 818, 821-22 (Tex. App.—Corpus Christi 1988, writ...