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Musgrave v. Owen

The question of joinder under Texas Rule of Civil Procedure 39 as applied to the declaratory judgment act has been interpreted as providing discretionary authority to the trial court to refuse to render a declaratory judgment when the decree would not terminate the uncertainty or controversy giving rise to the proceeding.

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OPINION

A. C. Musgrave, Jr. appeals the granting of a summary judgment in favor of Brookhaven Lake Property Owners Association (Association) and some of the lot owners in the Brookhaven Pines Addition (collectively, the movants), dismissing his claims for declaratory relief regarding certain rights and responsibilities under a restrictive covenant.

Musgrave contends that the court erred in granting summary judgment on the grounds of res judicata. He argues that his claims in this case (Musgrave II) do not arise from the same transaction that formed the basis of the prior case (Musgrave I) and would not have formed a convenient trial unit with the claims in the prior case. Musgrave also argues that summary judgment was improperly granted regarding Pinebrook Properties, Ltd. and its general partner, Pinebrook Properties Management, L.L.C. (collectively, Pinebrook), as those entities never asserted an affirmative claim against the defendants. However, Musgrave suggests that his interests are so intertwined with Pinebrook that if the judgment is reversed against him, it should also be reversed against Pinebrook.

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