Saturday, February 16, 2008

Res Judicata: Bankruptcy barred relitigation in probate court

Retired Justice Wilson helps out in deciding case from Harris County probate court; writes opinion on applicability of res judicata based on bankrutcy proceeding in dispute involving constituitonal mechanic's and materialman's lien on real property damaged in 2001 Allison flood.

Koval v. Kirkland Contractors, Inc. No. 01-06-00067-CV (Tex.App,- Houston [1st Dist.] Feb. 15, 2008)(Wilson) (probate law, res judicata, attorney's fees)
Opinion by Judge Wilson
Before Judge Wilson, Justices Alcala and Hanks
Linda Koval v. Henry Kirkland Contractors, Inc.
Appeal from Probate Court No 3 of Harris County (Judge Hon. Rory R. Olsen)
Disposition: Trial court's summary judgment for contractor based on res judicata affirmed

The Honorable Davie L. Wilson, retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.

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