PEDEN, Justice.
In this tort action arising out of an automobile collision, the trial court granted Defendant Simpson's motion for summary judgment which asserted that Akers' suit was a compulsory counterclaim under Rule 97(a), Texas Rules of Civil Procedure, and was therefore barred by the final judgment in a prior tort action filed by Simpson against Akers arising out of the same collision.
Neither party has controverted the allegations of fact made by the...
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