William Debord. Petitioner v. Lawrence C. Muller, Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals, holding that both summary judgment motions were of equal dignity and could be considered together, that a res judicata defense raised via summary judgment is timely even if not pleaded in the answer, and that a defendant cannot obtain summary judgment without pleading the affirmative defense of res judicata under Rule 94. The case was remanded to the trial court.