HAMMONDS v. HOLMES

No. B-6468.

559 S.W.2d 345 (1977)

Burtis R. HAMMONDS et ux., d/b/a the Garden Center and Flower Shop, Petitioners, v. Ed HOLMES et al., Respondents.

Supreme Court of Texas.

November 9, 1977.


Attorney(s) appearing for the Case

Lockman & Line, David K. Line, Dallas, for petitioners.

Larry R. Wright, Corsicana, Strasburger, Price, Kelton, Martin & Unis, R. Chris Harvey and W. Ed Walts, II, Dallas, for respondents.


CHADICK, Justice.

The question here is the preclusive effect of a prior judgment. In the prior suit Burtis Hammonds and his wife, Norma, sued Corsicana National Bank for wrongful foreclosure of a deed of trust on their business property. That suit was resolved by a judgment of dismissal with prejudice, granted on motion of the plaintiffs Hammonds. Four months later the present suit was filed by Mr. and Mrs. Hammonds "individually and d/b/a The Garden Center and Flower...

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