Bryan v. Resolution Trust Corp.

I respectfully dissent.

In his first point of error, appellant contends that the trial court abused its discretion in modifying the agreed judgment because: 1) the agreed judgment did not dispose of appellant’s counterclaims; 2) res judicata did not bar appellant’s counterclaims; and 3) the counterclaims were not compulsory counterclaims. In his second point of error, appellant contends that the trial court erred in entering a modified final judgment which contained an order that appellant take nothing on his counterclaims.

The parties entered into a final settlement agreement which was…