Miller v. LHKM

OPINION

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ. COMPTON, Justice.

This controversy arises from the termination of a land development joint venture between LHKM, a partnership of surveyors and engineers, and Jo Ann Miller. It concerns an agreement by LHKM to pave a road. The principal issue on appeal is whether Miller is barred from litigating LHKM’s alleged breach of the agreement by not raising the paving claim as a compulsory counterclaim in earlier litigation involving the parties as co-defendants. The trial court entered judgment on behalf of LHKM. We affirm.1

I.…