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 summary‑judgment ruling that the Cooper’s prior dismissal was res judicata of their current action, holding that the dismissal binds Dr. Cooper but not his wife, Dolores, because the Family Code abolishes the doctrine of virtual representation and the wife is an indispensable party under the amended Rule 39. Accordingly, the lower courts’ judgments are reversed and the case remanded for further proceedings. Justice Walker, joined by Chief Justice Greenhill, filed a concurring opinion agreeing with the judgment.