law-dismissal-with-prejudice-vs-dismissal-without-prejudice | DWOP dismissal | dismissal for want of
prosecution | dismissal for lack or want of jurisdiction |
DISMISSAL WITH PREJUDICE VS. DISMISSAL WITHOUT PREJUDICE
Travelers Ins. Co. v. Joachim, No. 08-0941 (Tex. May 14, 2010) (Green)
(erroneous order dismissing suit after nonsuit with prejudice held to have res judicata effect in the absence
of direct attack by appeal or bill of review)
THE TRAVELERS INSURANCE COMPANY (THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD
CONNECTICUT) v. BARRY JOACHIM; from Lubbock County; 7th district (07-06-00322-CV, 279 SW3d 812,
09-25-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
See Electronic Briefs in Cause No. 08-0941 THE TRAVELERS INS. CO. v. JOACHIM
09‑0507
CARLOS A.L. VAUGHN v. NATRENIA L. HICKS, ET AL.; from Anderson County;
14th district (14‑08‑00726‑CV, ___ SW3d ___, 04‑16‑09)
Vaughn v. Hicks (Tex.App.- Houston [14th Dist.] Apr. 16, 2009, pet. denied Oct 2009)(per curiam) (pro se
prisoner suit should have been dismissed without prejudice, rather than with prejudice)
09-0050
JOHNNY RODRIGUEZ, JR. v. ICON BENEFIT ADMINISTRATORS, INC.; from Lubbock County; 7th district (07-
07-00039-CV, ___ SW3d ___, 10-15-08, pet. denied Sep. 2009)(dissenting opinion)(does erroneous
dismissal with prejudice, as opposed to dismissal without prejudice, have res judicata effect?)