Raley v. Wichita County, 123 Tex. 494, 72 S.W.2d 577, 579 (Tex. 1934). However, if a shorter limitations period had not fully run on the effective date of a new statute, the longer limitations period will apply because the defense of limitations does not become a vested right until the limitations period has actually run. National Mar-Kit, Inc. v. Forrest, 687 S.W.2d 457, 460 (Tex.App.-Houston [14th Dist.] 1985, no writ); Coffey v. Young, 704 S.W.2d 591, 593 (Tex.App.-Ft. Worth 1986, no writ). In the case at bar, Whittle's statutory limitations plea began running when he failed to make his installment payments, but the defense had not vested when the new statute became effective.
Herbert v. Herbert, 754 S.W.2d 141, 144 (Tex. 1988). Scott relies on Coffey v. Young, 704 S.W.2d 591 (Tex.App. — Fort Worth 1986, no writ), in which the jury answered all questions necessary for recovery, including producing cause, in favor of the appellant. A factual sufficiency challenge to the amount of damages was sustained because the jury award was much less than the evidence clearly established.