Theresa Van Dyke, Petitioner v. Boswell, O’toole, Davis & Pickering, Respondent

Summary

The Texas Supreme Court reversed the appellate court and remanded the malpractice counterclaim, holding that neither res judicata nor collateral estoppel bars the claim because the trial court had ordered separate trials for the fee intervention and the malpractice counterclaim. The Court also affirmed that the trial court did not abuse its discretion in granting those separate trials under Rule 174(b). Justice Gonzalez dissented, arguing the malpractice issues were already litigated and should be precluded.