Sunbelt Savings, FSB v. Barr

OPINION

OVARD, Justice.

The issue in this appeal is whether a summary judgment in favor of a guarantor on a note precludes suit, because of the doctrine of res judicata, against the individual for partnership liability on the underlying indebtedness. The trial court granted George J. Barr summary judgment. Sunbelt Savings, FSB, contends the trial court erred: (1) in granting Barr summary judgment; and (2) in denying Sunbelt’s motion for summary judgment on the indebtedness. We hold that the doctrine of res judicata does not apply to preclude the payee of a partnership note from suing a partner…