State v. Brabson

Although I join the Court’s opinion, I would like to devote more attention to the question of privity.

The doctrine of mutuality of estoppel now requires that the party who is to be estopped by a prior judgment be a party who was bound by the prior judgment, or one of that party’s privies. Eagle Properties, Ltd. v. Scharbauer, 807 S.W.2d 714, 721 (Tex.1990). One question in this case is whether the plaintiff in this case was a party to, or in privity with a party to, the administrative license revocation proceeding. I believe that, because of the fractured nature of Texas government, the…