Smith v. Brown

OPINION

JENNINGS, Justice.

This is an appeal from a summary judgment rendered in favor of appellees, Marshall B. Brown, P.C. (“Brown, P.C.”), and Marshall B. Brown, individually (“Brown”). Appellant, Todd Smith, complains the trial court erred in granting the appellees’ motion for summary judgment on the ground that his claims are barred by the doctrine of res judicata. We affirm the judgment. We also hold Smith’s appeal is frivolous, and we assess $5000 in damages against Smith pursuant to Rule 45 of the Texas Rules of Appellate Procedure.

Background and Procedural History

In a prior suit, Smith…