Angela Jeanette Thompson v. Sheryl Ann Weaver, as Independent Administrator of the Estate of Alan Ray Adams, 429 S.W.3d 897

On November 29, 2010, Thompson's vehicle collided head-on with Adams' vehicle; Adams died from the crash.
Weaver, Adams' sister and independent administrator, filed wrongful death and survival claims in Cherokee County, seeking damages including nonproperty damages and property damages.
In early 2011, the parties signed a Rule 11 agreement; Weaver agreed to release Thompson in exchange for policy limits; Weaver nonsuited nonproperty damages and signed a release, but did not release nonproperty damages.
Weaver moved to dismiss all pending claims with prejudice; the court granted dismissal with prejudice of all pending claims on March 10, 2011; no appeal was taken in Case 1.
On July 15, 2011, Weaver filed a second suit in Smith County; Thompson moved for summary judgment on res judicata; Weaver amended motions arguing releases did not cover her personal injury damages; the trial court granted Weaver's motions and denied Thompson's motion, with sanctions denied.
Final judgment in Weaver's favor followed; Thompson appeals, challenging res judicata and sanctions rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata bars Thompson's current suit	Thompson argues Case 2 is barred by a final judgment in Case 1.	Weaver argues releases did not preclude her nonproperty damages and that res judicata does not apply as to all claims.	Thompson's issue sustained; res judicata did bar Weaver's nonproperty claims and the trial court erred.
Whether the trial court erred in denying sanctions	Thompson contends sanctions were warranted for improper pleadings.	Weaver asserts pleadings were warranted or not frivolous.	Thompson's sanctions issue overruled; trial court did not abuse discretion.

Mossler v. Shields, 818 S.W.2d 752 (Tex. 1991) (dismissal with prejudice constitutes an adjudication on the merits)
Christensen v. Chase Bank USA, N.A., 304 S.W.3d 548 (Tex. App.–Dallas 2009) (final judgment on the merits; preclusion considerations)
Zimmerman v. Texaco, Inc., 409 S.W.2d 607 (Tex. Civ. App.–El Paso 1966) (definitive final disposition on merits)
Owen v. Musgrave, 67 S.W.3d 519 (Tex. 2002) (transactional approach to res judicata; nucleus of operative facts)
Barr v. Resolution Trust Corp., 837 S.W.2d 627 (Tex. 1992) (transactional analysis for same transaction; comprehensive unit)
Lone Star Partners v. NationsBank Corp., 893 S.W.2d 593 (Tex. App.–Texarkana 1994) (same nucleus of operative facts; convenience of trial unit)
Aetna Cas. & Sur. Co. v. Specia, 849 S.W.2d 805 (Tex. 1993) (voluntary nonsuit and res judicata considerations)
Antonini v. Harris Cnty. Appraisal Dist., 999 S.W.2d 608 (Tex. App.–Houston [14th Dist.] 1999) (nonsuit effects on res judicata; abandonment of action)
Jones v. Nightingale, 900 S.W.2d 87 (Tex. App.–San Antonio 1995) (nonsuit and res judicata interplay)
Havner v. Phillips Petroleum Co., 953 S.W.2d 711 (Tex. 1997) (standard for assessing probative evidence in summary judgment context)