Legal Opinion

Scurlock Oil Co. v. Smithwick

Texas Supreme Court

Decided November 26, 1986No. C-4838Published

1Opinion

*8ON MOTION FOR REHEARING

2ConcurrenceSpears, Justice

My previous concurring opinion of June 25, 1986 is withdrawn and the following is substituted. I concur in the majority’s judgment. I agree with the majority’s holding that a trial court judgment is final for purposes of collateral estoppel despite the taking of an appeal. I would suggest as an alternative that we explore the practice of consolidation, when as in this case, our trial courts are faced with multiple suits involving the same issues and claims arising from one occurrence. Instead of numerous causes simultaneously proceeding to trial with the first to…

3Cases cited14 opinions

  1. Bristol-Myers Co. v. GonzalesTexas Supreme Court · 1978
  2. General Motors Corp. v. SimmonsTexas Supreme Court · 1977
  3. Reese v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1973
  4. Pellett v. Sonotone Corp.California Supreme Court · 1945
  5. Gatto v. Walgreen Drug Co.Illinois Supreme Court · 1975

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