El Paso Pipe & Supply Co. v. Mountain States Leasing, Inc.

Mountain States Leasing, Inc. sued El Paso Pipe and Supply Company, but the trial court on February 7, 1979, dismissed the action for want of prosecution. The court erroneously dismissed the action with prejudice. Mountain States did not file a motion for new trial, did not perfect an appeal, and filed no bill of review; so the judgment became final. On January 26, 1980, Mountain States filed a new suit which alleged the identical action that had been dismissed with prejudice. The trial court sustained a summary judgment to the second action by reason of the prior final judgment, but the…