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DALLAS SALES CO. v. CARLISLE SILVER CO.

No. 10-00-00077-CV.

134 S.W.3d 928 (2004)

DALLAS SALES COMPANY, INC., Appellant, v. CARLISLE SILVER COMPANY, INC., d/b/a Carlisle Jewelry Company, H. William Pollack, III, Carolyn Pollack and J.C. Penney Company, Inc., Appellees.

Court of Appeals of Texas, Waco.

May 26, 2004.

Attorney(s) appearing for the Case

W.D. Masterson, John H. Crouch, Theodore C. Anderson, D. Elizabeth Masterson Mattei, Kilgore & Kilgore, P.L.L.C., Dallas, for appellant.

Robert T. Mowrey, Thomas A. Connop, J. Clinton Schumacher, Locke, Liddell & Sapp, L.L.P., Dallas, for appellees.

Thomas A. Connop and J. Clinton Schumacher, for Carolyn Pollack.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

In this appeal we decide whether Dallas Sales Company is judicially estopped from pursuing the claims it has raised in the underlying lawsuit against Appellees because of its failure to list those claims in the debtor's schedules it filed in a prior bankruptcy proceeding.

JUDICIAL ESTOPPEL

Dallas Sales Co. alleges in its first point that Appellees failed to conclusively establish that it is judicially estopped...

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