Hammonds v. Holmes

CHADICK, Justice.

The question here is the preclusive effect of a prior judgment. In the prior suit Burtis Hammonds and his wife, Norma, sued Corsicana National Bank for wrongful foreclosure of a deed of trust on their business property. That suit was resolved by a judgment of dismissal with prejudice, granted on motion of the plaintiffs Ham-monds. Four months later the present suit was filed by Mr. and Mrs. Hammonds “individually and d/b/a The Garden Center and Flower Shop” against Corsicana Bank, Ed Holmes, and Zane Stites for wrongful foreclosure of the same deed of trust on the same…