Pedency of an Appeal No Longer Prevents Preclusiveness in Texas
Hoyl, Ronald J.
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Examines the relevance and implications of the recent Texas Supreme Court ruling in Scurlock Oil Co. v. Smithwick, an analytical comparison of the holding to the decades-old rule that it overturned. For nearly one hundred years in Texas, the pedency of an appeal dispossessed a judgment of its value for the purposes of issue and claim preclusion. The author weighs the pros and cons of both the new and old rule, and finds that treatment of a judgment as final for operation as res judicata despite the taking of an appeal is the less inequitable of the two options.