res judi-cata doctrine (Texas) · Go Syfert
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res judi-cata doctrine in Texas

10 Texas opinions name it 2 courts 1971–2014 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Compania Financiara Libano, S.A. v. Simmonsgreen
tex · 2001 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Generally, once parties settle a lawsuit and a judgment is entered, res judicata bars the parties from subsequently pursuing any claims arising out of the subject matter of the lawsuit that they could have brought in the previous suit. 7 See, e.g., Companía Financiara Líbano, S.A. v. Simmons, 53 S.W.3d 365, 367 (Tex.2001) (“The doctrine of res judi-cata in Texas holds that a final judgment in an action bars the parties and their privies from bringing a second suit ‘not only on matters actually litigated, but also on causes of action or defenses which arise out of the same subject matter and wh

11
Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal Savingsgreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Generally, once parties settle a lawsuit and a judgment is entered, res judicata bars the parties from subsequently pursuing any claims arising out of the subject matter of the lawsuit that they could have brought in the previous suit. 7 See, e.g., Companía Financiara Líbano, S.A. v. Simmons, 53 S.W.3d 365, 367 (Tex.2001) (“The doctrine of res judi-cata in Texas holds that a final judgment in an action bars the parties and their privies from bringing a second suit ‘not only on matters actually litigated, but also on causes of action or defenses which arise out of the same subject matter and wh

11
Labrie v. Kenneygreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Labrie v. Kenney, 95 S.W.3d 722, 728-29 (Tex.App.-Amarillo 2003, no pet.).

11
Agnes E. NILSEN, Plaintiff-Appellant, v. the CITY OF MOSS POINT, MISSISSIPPI, Defendant-Appelleegreen
ca5 · 1983 · cited in 1 Texas opinions naming this issue, 1991–1991
1 sentence

1991Nilsen v. City of Moss Point, 701 F.2d 556, 559 (5th Cir.1983).

11
Segrest v. Segrestgreen
· 1983 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986Segrest v. Segrest, 649 S.W.2d 610, 612 (Tex. 1983); Gilbert v. Fireside Enterprises, Inc., 611 S.W.2d 869, 872 (Tex.Civ.App.—Dallas 1980, no writ).

11
Ruedas v. Stategreen
texcrimapp · 1979 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986In Ruedas v. State, 586 S.W.2d 520, 524 (Tex.Crim.App.1979) the majority opinion, written by Judge Roberts, after citing Whisenant v. State, held that a probationer was entitled to have counsel give a final argument at a revocation proceeding because the hearing was an adversary proceeding.

11
Gilbert v. Fireside Enterprises, Inc.green
texapp · 1980 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986Segrest v. Segrest, 649 S.W.2d 610, 612 (Tex. 1983); Gilbert v. Fireside Enterprises, Inc., 611 S.W.2d 869, 872 (Tex.Civ.App.—Dallas 1980, no writ).

11
Texas Water Rights Commission v. Crow Iron Worksgreen
tex · 1979 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Id. at 772.

11
Abbott Laboratories v. Gravisgreen
tex · 1971 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Accord, Abbott Laboratories v. Gravis, 470 S.W.2d 639, 642 (Tex.1971).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Van Dyke v. Boswell, O'Toole, Davis & Pickering green
tex · 1985
1 sentence

2008Van Dyke, 697 S.W.2d at 384 .

12008–2008
McGowen v. Mau-Ping Huang green
texapp · 2003
1 sentence

2006Because the Texas Supreme Court did not further define an "occurrence” in Bossley , other Texas courts have applied the res judi-cata factors to determine whether two causes of action involve the "same subject matter." See McGowen, 120 S.W.3d at 459 ; see also Waxahachie Indep.

12006–2006
Getty Oil Co. v. Insurance Co. of North America green
texapp · 1991
1 sentence

1993The court of appeals affirmed on the theory of res judica-ta. 819 S.W.2d 908 (Tex.App.—Houston 1991).

11993–1993
Davenport v. State green
texcrimapp · 1978
1 sentence

1986By considering the matter administrative in nature and not judicial, the majority concludes that the doctrine of res judi-cata does not apply.” Id. at 80 .

11986–1986
Freeman v. McAninch green
tex · 1894
2 sentences

1980In the frequently-cited case of Freeman v. McAninch, 87 Tex. 132 , 27 S.W. 97 (1894), the supreme court, quoting Ohio authority, stated that, under the doctrine of res judi-cata: “A party can not relitigate matters [i. e., issues] which he might have interposed, but failed to do, in a prior action between the same parties or their privies, in reference to the same subject matter.” 87 Tex. at 139 , 27 S.W. at 100 .

1980In the frequently-cited case of Freeman v. McAninch, 87 Tex. 132 , 27 S.W. 97 (1894), the supreme court, quoting Ohio authority, stated that, under the doctrine of res judi-cata: “A party can not relitigate matters [i. e., issues] which he might have interposed, but failed to do, in a prior action between the same parties or their privies, in reference to the same subject matter.” 87 Tex. at 139 , 27 S.W. at 100 .

11980–1980
Marshall v. Mayfield green
texcommnapp · 1921
1 sentence

1971They have made their election to stand on the bond and they would not now be permitted to go back and bring a suit on the tort, to declare the bond a nullity and attempt to recover from the alleged tort-feasors. 15 TexJur. p. 822: "Where a remedy has been pursuant to judgment, a resort to another remedy is precluded by the doctrine of res judi-cata." Marshall v. Mayfield (Tex.Com.App.) 227 S.W. 1097 .’ ” (Italics by El Paso Court.) Often what is spoken of in opinions as a choice between remedies is in reality a choice of “an alternative substantive right.” Indeed, it is probable that some elem

11971–1971

Where else courts name it

TX 10 (1971–2014) MO 7 (1974–2010) WY 7 (1968–2015) AL 6 (1992–2015) FL 4 (2002–2014) CT 4 (2005–2022) ME 4 (2010–2016) PA 4 (1971–2016) OK 3 (1931–2015) DC 3 (1997–2002) ND 3 (1992–2008) MS 2 (2015–2016) UT 2 (2007–2016) CO 2 (1996–2014) IN 2 (1998–2015) NC 2 (2000–2004) TN 2 (2006–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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