Elijah Buffington v. Glen Michael Sharp
440 S.W.3d 677
Tex. App.2012Background
- Buffington filed Chapter 7 bankruptcy on April 26, 2007; Sharp represented him.
- A bankruptcy trustee settled pre-petition claims, indicating all pre-petition actions were estate property.
- Buffington amended his claim to allege post-petition negligence by Sharp.
- Sharp moved for summary judgment on res judicata grounds, attaching various evidentiary exhibits.
- The trial court granted summary judgment in Sharp's favor on May 5, 2011; Buffington appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Buffington's post-petition claim is barred by res judicata | Buffington | Sharp | Post-petition claim not barred; accrual after petition; remand warranted |
| Whether Sharp conclusively negated essential elements of negligence as a matter of law | Buffington | Sharp | Sharp failed to prove lack of breach/causation; expert proof required; reversal |
| Whether the bankruptcy settlement disposed of Buffington's post-petition claim | Buffington | Sharp | Settlement did not dispose of post-petition claim; not res judicata |
Key Cases Cited
- M.D. Anderson Hosp. & Tumor Inst. v. Willrich, 28 S.W.3d 22 (Tex. 2000) (traditional summary judgment burden shifting)
- Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572 (Tex. 2006) (de novo review standards for summary judgment)
- Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754 (Tex. 2007) (genuineness of issue standard in summary judgment)
- Barr v. Resolution Trust Corp., 837 S.W.2d 627 (Tex. 1992) (elements of res judicata)
- Igal v. Brightstar Information Technology Group, Inc., 250 S.W.3d 78 (Tex. 2008) (restatement of res judicata elements)
- Republic Supply Co. v. Shoaf, 815 F.2d 1046 (5th Cir. 1987) (preclusion under prior final judgment)
- Geary v. Tex. Commerce Bank, 967 S.W.2d 836 (Tex. 1998) (bankruptcy judgments have res judicata effect)
- In re Segerstom, 247 F.3d 223 (5th Cir. 2001) (estate scope; state-law determination of property rights)
- Douglas v. Delp, for Benefit of Bankruptcy Estate of Johnston, 987 S.W.2d 879 (Tex. 1999) (state-law controls pre-petition rights to property)
- Hughes v. Mahaney & Higgins, 821 S.W.2d 154 (Tex. 1991) (accrual and discovery rules in legal-malpractice)
- S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996) (legal injury Rule; discovery rule considerations)
- Murphy v. Campbell, 964 S.W.2d 265 (Tex. 1997) (expert testimony required in legal malpractice causation)
- Smith v. McKinney, 792 S.W.2d 740 (Tex. App.—Houston [14th Dist.] 1990) (expert testimony in legal malpractice sufficiency)