Texas Supreme Court
Griffin Cooper, Petitioners v. Texas Gulf Industries, Inc., Respondents
June 19, 197417 Tex. Sup. Ct. J. 340
Summary
The Texas Supreme Court reversed the lower courts and remanded the case, holding that the prior suit's dismissal with prejudice is res judicata as to Dr. Griffin Cooper but not as to his wife, Dolores Cooper, because the doctrine of virtual representation was abolished by the Family Code and she is an indispensable party. The Court applied the amended Rule 39 joinder analysis to reach this result. Justice Walker filed a concurring opinion agreeing with the judgment.