Texas Supreme Court

M. James Brooks, Jr., Petitioners v. James Marshall Jones, Respondent

February 28, 1979578 S.W.2d 669

Summary

The Texas Supreme Court reversed the Court of Civil Appeals, holding that Brooks did not acquire a prescriptive easement on the North‑South road, had no justiciable interest in the East‑West public road, and that the appellate court erred in applying res judicata to dismiss the case. The Court affirmed the trial court’s judgment notwithstanding the verdict on the easement claim and found the res judicata dismissal improper because Brooks had not appealed the earlier temporary injunction denial.