Partee v. Phelps

OPINION

ROSENBERG, Justice.

Melinda Sue Partee, as independent executrix of the estate of Dorothy Ann Turner, deceased, appeals from a summary judgment rendered in favor of William Phelps and John P. Cheek on the basis of res judicata or collateral estoppel. Partee sought a judgment against Phelps and Cheek for a debt represented by a prior judgment against a partnership in which they were partners. However, Phelps and Cheek were excluded from liability in that previous judgment. In a single point of error, Partee contends that a judgment is a debt that she can enforce in a separate and new…