HYUNDAI MOTOR CO. v. ALVARADO

No. 94-0820.

892 S.W.2d 853 (1995)

HYUNDAI MOTOR COMPANY, Hyundai Motor America, Inc., and Port City Hyundai, Petitioners v. Maria ALVARADO et al., Respondents.

Supreme Court of Texas.

February 16, 1995.


Attorney(s) appearing for the Case

Ruth Greenfield Malinas, San Antonio, David M. Heilbron, Leslie G. Landau, San Francisco, CA, David E. Keltner, Fort Worth, Thomas H. Crofts, and David M. Prichard, San Antonio, for petitioners.

Rose Vela, Steve T. Hastings, Corpus Christi, and Christa Brown, Austin, for respondents.


PER CURIAM.

The issue in this case is whether a partial summary judgment survives a nonsuit. We hold that when a defendant obtains a partial summary judgment on certain of the plaintiffs' causes of action and the plaintiff thereafter moves for a nonsuit as to the whole case, that nonsuit results in a dismissal with prejudice as to the issues decided in the partial summary judgment.

In 1989, Mario and Fidel Alvarado were injured in a car accident involving...

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