Texas Supreme Court

Jan Martin, Independent Executrix of the Estate of Gary Martin, Petitioner v. Martin, Martin & Richards, Inc. And…

April 22, 1999989 S.W.2d 357

Summary

The Texas Supreme Court held that a dismissal with prejudice of a declaratory‑relief action does not preclude a later breach‑of‑contract suit, that the summary‑judgment order was interlocutory and its lack of an oral hearing was not reversible error, and that the lower court’s error was harmless. The Court reversed the appellate court and remanded for further consideration of unaddressed issues.