The appellant, here challenging a take-nothing judgment, sued for sums allegedly owed on two notes. The appeals court considers whether a fifty-percent owner of a company is in privity with its company on all obligations arising from a transaction for purposes of res judicata -- as a matter of law. The appellee's ability to control the company's participation in prior litigation, assuming such to be true, would not amount to "control" sufficient for privity or res judicata. The company's prior representation of the appellee's interests also do not give rise to a privity conclusion. The judgment of the trial court is affirmed, in part, and reversed and remanded, in part.
Mcneil Interests, Inc. v. Quisenberry
Tex. App. Dist. 14
July 17, 2013