[Download] "Edward Glenn Mossler v. Tammy Shields (Mossler)" by Supreme Court of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Edward Glenn Mossler v. Tammy Shields (Mossler)
- Author : Supreme Court of Texas
- Release Date : January 06, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In an action seeking to establish the existence of a common-law marriage, the trial court rendered summary judgment against the claimant on the basis that the same claim between the same parties had previously been dismissed with prejudice for discovery abuse pursuant to Tex. R. Civ. P. 215 2.B.(5). However, the court of appeals reversed the trial courts decision. The two grounds cited by the court of appeals in support of the reversal present the following issues: (1) whether State and public policy concerns prevent a dismissal with prejudice pursuant to Tex. R. Civ. P. 215 2.B.(5) from estopping subsequent actions claiming the existence of a common-law marriage; and (2) whether such a dismissal with prejudice constitutes a final judgment on the merits of the common-law marriage claim. fuse we hold that the two grounds cited by the court of appeals for reversal are incorrect, we reverse the judgment of the court of appeals, 810 S.W.2d 325, and affirm the summary judgment of the trial court.