Van Dyke v. Boswell, O'Toole, Davis & Pickering

RAY, Justice.

This cause presents the procedural issue of whether a trial court can grant separate trials for a claim and its counterclaim and then preclude litigation of the counterclaim by implying facts from the facts determined in the trial on the primary claim. The trial court held that it was proper to preclude litigation of the counterclaim in this situation. The court of appeals, in an unpublished opinion, Tex.R.Civ.P. 452, affirmed the judgment of the trial court. We reverse the judgments of the courts below and remand this cause to the trial court for proceedings consistent with this…