K.F. ex rel. Faour v. Faour

OPINION

EVANS, Chief Justice.

The dispositive question in this case is whether the doctrine of res judicata, which *362is based on a prior divorce judgment, precludes the appellant, who sues on behalf of her minor daughter, from asserting her daughter’s damage action for sexual abuse that allegedly occurred prior to the entry of a divorce decree. We hold that the appellant is not precluded, as a matter of law, and that the trial court erred in rendering the take-nothing summary judgment.

The divorce judgment was entered by agreement of the parties in July 1985. The decree, which is some 40 pages in…