Scurlock Oil Company, Petitioner v. Maria C. Smithwick

Summary

The Texas Supreme Court reversed the Court of Appeals judgment and remanded for a new trial, holding that the admission of the Dove‑Scurlock "Mary Carter" agreement was erroneous and not waived, and that the error was harmful. It adopted the Restatement (Second) of Judgments § 13 rule that a judgment is final for issue and claim preclusion despite a pending appeal, overruling Texas Trunk Railway Co. v. Jackson. The Court also affirmed the trial court's peremptory challenge apportionment. Justice McGEE concurred, clarifying the admissibility test for Mary Carter agreements.