Gorelick v. Harrison County
| Decision Date | 21 October 1986 |
| Docket Number | No. 9492,9492 |
| Citation | 720 S.W.2d 835 |
| Parties | Albert P. GORELICK, et ux., Appellants, v. HARRISON COUNTY, Texas, et al., Appellees. |
| Court | Texas Court of Appeals |
Albert P. Gorelick, pro se.
Bonnie Leggat, Dist. Atty., Harrison County Courthouse, Marshall, for appellees.
Albert Gorelick and his wife appeal a summary judgment barring his suit on the basis of res judicata. We affirm.
The Texas Highway Department widened U.S. Highway 59 in 1972, purchasing a channel easement across what would later be Gorelick's property from Gorelick's predecessors in title. Gorelick bought the land in 1973, and discovered that the property floods following heavy rains.
In 1980, Gorelick brought suit in federal district court, alleging an unconstitutional taking of his property resulting in an inverse condemnation, and also that his civil rights were violated. The named defendants in this suit were the State of Texas; L.L. Jester, district engineer of the State Highway Department; Raymond Hudson, maintenance engineer for the State Highway Department; L.S. Guest, legal officer of the State Highway Department; J.C. Norman, former chief deputy sheriff of Harrison County; N.F. Shivers, former sheriff of Harrison County; and Sam Baxter, district attorney of Harrison County. The court dismissed Gorelick's civil rights claim and adjudicated the property claim, entering judgment against the Gorelicks on February 13, 1983. Gorelick v. State of Texas, 572 F.Supp. 301 (E.D.Texas 1983).
In April of 1984, the Gorelicks filed suit in Harrison County, alleging a wrongful taking and damaging of their property. On April 22, 1985, a summary judgment was granted on the ground of res judicata in favor of defendants Texas State Highway and Public Transportation Department; Mark Goode, engineering director for the Highway Department; L.L. Jester; and Tom Rideout of Marshall. Gorelick appealed this judgment to the Texarkana Court of Appeals, which affirmed the trial court in an unpublished opinion dated November 13, 1985. Gorelick petitioned for writ of error to the Texas Supreme Court, which refused to grant the writ for want of jurisdiction on July 16, 1986.
On December 20, 1985, the trial court entered a summary judgment on behalf of Harrison County, who was a defendant in the state court suit. The present appeal is from this order.
We conclude that the appeal before us, like the previous one, is barred by res judicata as the state trial court held. The prerequisites for the application of the doctrine of res judicata are: (1) that the prior judgment was rendered by a court of competent jurisdiction; (2) that there was a final judgment on the merits; (3) that the parties, or those in privity with them, are identical in both suits; and (4) that the same cause of action is involved in both suits. Brown v. Prairie View A & M University, ...
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Sutherland v. Cobern, 6-91-122-CV
...in privity with them, are identical in both suits; and (4) that the same cause of action is involved in both suits. Gorelick v. Harrison County, 720 S.W.2d 835, 836 (Tex.App.-Texarkana 1986, no writ). Sutherland's attorney maintains that res judicata bars this suit based on the original div......
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