Legal Opinion

Dallas Sales Co. v. Carlisle Silver Co.

Texas Court of Appeals, 10th District (Waco)

Decided May 26, 2004No. 10-00-00077-CVPublishedCited by 35 opinions

1Opinion of the Court

OPINION

FELIPE REYNA, Justice.

In this appeal we decide whether Dallas Sales Company is judicially estopped from pursuing the claims it has raised in the underlying lawsuit against Appellees because of its failure to list those claims in the debtor’s schedules it filed in a prior bankruptcy proceeding.

JUDICIAL ESTOPPEL

Dallas Sales Co. alleges in its first point that Appellees failed to conclusively establish that it is judicially estopped from pursuing its claims.

PERTINENT AUTHORITIES

“Judicial estoppel protects the integrity of judicial proceedings by precluding a party from asserting a…

2Cases cited21 opinions

  1. Southwestern Electric Power Co. v. GrantTexas Supreme Court · 2002
  2. Star-Telegram, Inc. v. DoeTexas Supreme Court · 1996
  3. Walker v. HarrisTexas Supreme Court · 1996
  4. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  5. Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953

16 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Brown v. Swett & Crawford of Texas, Inc., Texas Court of Appeals, 1st District (Houston)2005
  2. Wilson v. Davis, Texas Court of Appeals, 1st District (Houston)2009
  3. Byrd v. Estate of Nelms, Texas Court of Appeals, 10th District (Waco)2004
  4. West Virginia Department of Transportation, Division of Highways v. RobertsonWest Virginia Supreme Court · 2005
  5. Heartland Holdings, Inc. v. U.S. Trust Co. of Texas N.A., Texas Court of Appeals, 14th District (Houston)2010

30 more not listed; retrieve them via the Exa API.

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