Texas Supreme Court

Edward Glenn Mossler, Petitioner v. Tammy Shields (mossler), Respondent

December 4, 1991818 S.W.2d 752

Summary

The Texas Supreme Court held that a dismissal with prejudice under Tex. R.Civ.P. 215 2.b.(5) both bars any later suit asserting the existence of a common‑law marriage between the same parties and constitutes a final judgment on the merits of that claim. Accordingly, the Court affirmed the trial court’s summary judgment and reversed the Court of Appeals.