res judicata is inapplicable doctrine (Texas) · Go Syfert
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res judicata is inapplicable doctrine in Texas

7 Texas opinions name it 3 courts 1981–2016 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 (4)

CaseFollowedCited
Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal Savingsgreen
tex · 1992 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Barr , 837 S.W.2d at 628 ; Wilburn , 18 S.W.3d at 844 .

2003See Barr , 837 S.W.2d at 628 ; Wilburn , 18 S.W.3d at 844 .

22
McCleskey v. Zantgreen
scotus · 1991 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016See Lehman v. Lycoming County Children's Servs Agency, 458 U.S. 502 , 512, 102 S.Ct. 3231 , 73 L.Ed.2d 928 (1982) (explaining that the interplay between state and federal habeas proceedings constitutes "a major exception to the doctrine of res judicata"); see also McCleskey v. Zant , 499 U.S. 467 , 478-79, 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991).

2016See Lehman v. Lycoming County Children's Servs Agency, 458 U.S. 502 , 512, 102 S.Ct. 3231 , 73 L.Ed.2d 928 (1982) (explaining that the interplay between state and federal habeas proceedings constitutes "a major exception to the doctrine of res judicata"); see also McCleskey v. Zant , 499 U.S. 467 , 478-79, 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991).

11
Lehman Ex Rel. Lehman v. Lycoming County Children's Services Agencygreen
scotus · 1982 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016See Lehman v. Lycoming County Children's Servs Agency, 458 U.S. 502 , 512, 102 S.Ct. 3231 , 73 L.Ed.2d 928 (1982) (explaining that the interplay between state and federal habeas proceedings constitutes "a major exception to the doctrine of res judicata"); see also McCleskey v. Zant , 499 U.S. 467 , 478-79, 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991).

2016See Lehman v. Lycoming County Children's Servs Agency, 458 U.S. 502 , 512, 102 S.Ct. 3231 , 73 L.Ed.2d 928 (1982) (explaining that the interplay between state and federal habeas proceedings constitutes "a major exception to the doctrine of res judicata"); see also McCleskey v. Zant , 499 U.S. 467 , 478-79, 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991).

11
City of Coahoma v. Public Utility Commission of Texasgreen
tex · 1981 · cited in 1 Texas opinions naming this issue, 1982–1982
1 sentence

1982In the absence of a final adjudication, the doctrine of res judicata is inapplicable ... (emphasis added) (626 S.W.2d at 488.) We accordingly hold that the 1977 divorce decree is res judicata in this collateral attack on the trial court’s decree. 1 The judgment of the trial court is affirmed. .

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 (5)

CaseCitedYears
In Re the Marriage of Wilburn green
texapp · 2000
2 sentences

2003See Barr , 837 S.W.2d at 628 ; Wilburn , 18 S.W.3d at 844 .

2003See Barr , 837 S.W.2d at 628 ; Wilburn , 18 S.W.3d at 844 .

22003–2003
Busby v. Busby green
tex · 1970
2 sentences

1982Thus, the doctrine cannot be applied now to allow Emma Trahan to recover a portion of her former spouse’s military retirement benefits pursuant to our previous holding in Busby v. Busby, 457 S.W.2d 551 (Tex.1970). 606 S.W.2d at 488.

1981Thus, the doctrine cannot be applied now to allow Emma Trahan to recover a portion of her former spouse’s military retirement benefits pursuant to our previous holding in Busby v. Busby, 457 S.W.2d 551 (Tex.1970).

21981–1982
Mary Frances Erspan, Cross-Appellant v. Lloyd J. Badgett, Cross-Appellee green
ca5 · 1981
2 sentences

1985Trahan also cited with approval Erspan v. Badgett, 659 F.2d 26 (5th Cir.1981).

1985Trahan also cited with approval Erspan v. Badgett, 659 F.2d 26 (5th Cir.1981).

11985–1985
Trahan v. Trahan green
tex · 1981
2 sentences

1985In the absence of a final adjudication, the doctrine of res judicata is inapplicable." Trahan, supra at 488 .

1985In the absence of a final adjudication, the doctrine of res judicata is inapplicable.” Trahan, supra at 488 .

11985–1985
Cameron v. Cameron green
tex · 1982
1 sentence

1982Note is taken of the recent decision of the Texas Supreme Court in Cameron v. Cameron, 641 S.W.2d 210 (1982), which discusses the effect of the Uniformed Services Former Spouses Protection Actions 10 U.S.C.

11982–1982

Where else courts name it

NY 18 (1974–2025) CA 8 (1933–2022) IL 8 (1973–2018) TX 7 (1981–2016) MI 7 (1967–2014) OH 5 (1991–2025) GA 4 (1965–1995) PA 4 (1979–2024) NM 3 (1979–2009) OK 3 (1946–1962) CO 2 (1980–1988) ME 2 (1995–2001) CT 2 (1993–1995)

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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