Sunbelt Savings, FSB v. Barr

I dissent. Our majority fails to apply the principle of res judicata articulated in Texas Water Rights Commission v. Crow Iron Works, 582 S.W.2d 768 (Tex.1979).

Sunbelt concedes that res judicata not only bars a second suit on claims considered in the first suit but also claims that could have been considered, provided that all the claims arise from the same subject matter. However, Sunbelt also argues that res judicata only applies “when the cause of action in the subsequent suit is identical to the cause of action asserted in the prior proceeding.” Sunbelt cites Griffin v. Holiday Inns of…