Mossler v. Shields
| Decision Date | 06 November 1991 |
| Docket Number | No. D-1386,D-1386 |
| Citation | 818 S.W.2d 752,35 Tex. Sup. Ct. J. 97 |
| Parties | Edward Glenn MOSSLER, Petitioner, v. Tammy SHIELDS (Mossler), Respondent. |
| Court | Texas Supreme Court |
Pamela E. George, Houston, for petitioner.
John E. Sherman, Houston, for respondent.
In an action seeking to establish the existence of a common-law marriage, the trial court rendered summary judgment against the claimant on the basis that the same claim between the same parties had previously been dismissed with prejudice for discovery abuse pursuant to Tex.R.Civ.P. 215 2.b. (5). However, the court of appeals reversed the trial court's decision. The two grounds cited by the court of appeals in support of the reversal present the following issues: (1) whether State and public policy concerns prevent a dismissal with prejudice pursuant to Tex.R.Civ.P. 215 2.b. (5) from estopping subsequent actions claiming the existence of a common-law marriage; and (2) whether such a dismissal with prejudice constitutes a final judgment on the merits of the common-law marriage claim. Because we hold that the two grounds cited by the court of appeals for reversal are incorrect, we reverse the judgment of the court of appeals, 810 S.W.2d 325, and affirm the summary judgment of the trial court.
On November 16, 1988, Tammy Shields filed a petition for divorce in Houston, alleging the existence of a common-law marriage with Edward Glenn Mossler. In response to this petition, Edward filed a counterclaim for conversion of property. As the case progressed, Tammy failed to comply with discovery requests, and nearly a year later, after Tammy continued to ignore numerous court orders for discovery, the Houston trial court issued an order dismissing the petition with prejudice.
Then, in her answer to Edward's counterclaim still before the court, Tammy again asserted the existence of the common-law marriage. The court, noting that it had previously dismissed her common-law marriage claim with prejudice, struck this answer and imposed Rule 13 sanctions for filing a frivolous claim. Shortly thereafter, Edward took a nonsuit as to his counterclaim, thus concluding all matters before the Houston trial court.
Undaunted, Tammy later established residency in Orange County, Texas, and filed a petition for divorce, alleging the existence of a common-law marriage, in the county court of Orange County. Because the Houston trial court had dismissed this same claim with prejudice, the Orange County court rendered summary judgment in favor of Edward.
On appeal, the court of appeals reversed the Orange County court, stating that a party cannot be "estopped from raising issues of existence of marriage or entitlement to divorce by an order of dismissal with prejudice based upon discovery abuse." Otherwise, the court reasoned the party essentially would be condemned to a life sentence in marriage by being "forever barred from obtaining a divorce or a determination as to whether or not a marriage by common-law ever existed." Because Tammy has never proved...
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...the final judgment operates to bar the Debtors from reasserting their contract and tort claims in state court. See Mossler v. Shields, 818 S.W.2d 752, 754 (Tex.1991) (dismissal with prejudice as discovery sanction constituted a determination on the merits of a claim which barred relitigatio......
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