Legal Question in Civil Litigation in Texas

Question concerning Res Judacata

I own a Private Investigations Company. A client gave me a motor home in lieu of payment for services rendered. Three months later, the client sued me in Small Claims Court attempting to get the motor home back without paying the fees. I prevailed in court and in the subsequent appeal to County Court.

Approximately 6 months later, I was again sued, in another adjoining County, by the man the client bought the motor home from, claiming that the client had not paid him for the motor home, although it can be proven that the client traded labor to build a building and another older motor home for the one in question.

My question is '' Should Res Judcata not prevail in this matter as two (2) other Courts have ruled in this matter'' How should this be presented to the Judge presiding?


Asked on 11/16/00, 1:01 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Question concerning Res Judacata

No, res judicata or collateral estoppel would only apply if your former client was trying to get the mobile home back. The seller/lender, not being a party to either previous suit,is not bound by their outcomes. What is the status of the state issued title to the mobile home? Does it reflect a lien?

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Answered on 11/27/00, 2:17 pm


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