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VAN DYKE v. BOSWELL, O'TOOLE, DAVIS & PICKERING

No. C-3073.

697 S.W.2d 381 (1985)

Theresa VAN DYKE, Petitioner, v. BOSWELL, O'TOOLE, DAVIS & PICKERING, Respondent.

Supreme Court of Texas.

Rehearing Denied October 23, 1985.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for petitioner.

Haynes and Fullenweider, Donn C. Fullenweider and Clinard J. Hanby, Houston, for respondent.

RAY, Justice.

This cause presents the procedural issue of whether a trial court can grant separate trials for a claim and its counterclaim and then preclude litigation of the counterclaim by implying facts from the facts determined in the trial on the primary claim. The trial court held that it was proper to preclude litigation of the counterclaim in this situation. The court of appeals, in an unpublished opinion, Tex.R.Civ.P. 452, affirmed the judgment of the trial...

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