Mossler v. Shields

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 court’s 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…