OPINION
Jerry Vernon appeals from a judgment in favor of William and Roxanne Perrien. Finding no error, we affirm.
FACTUAL SUMMARY
On May 5, 1992, Rene Vernon executed a warranty deed transferring title to certain real property to Raymond W. Shaw. The property is described as Tract Three-B-Thirty-Four (3-B34), W.F. Hagan Survey, No. 146, in El Paso County (the “Property”). On the same date, Ms. Vernon sent a letter to Judy Paul at 333 Holguin in Vinton, Texas, stating:
This letter is to inform you that tha [sic] property in which you reside, 333 Hol-guin, has been sold to Raymond W. Shaw. All future rents and negotiations should be presented to Mr. Shaw in care *53 of Mrs. Vera Shaw, P.O. Box 6384, Lubbock, Texas, 79493.
On August 27, 1992, the 205th District Court of El Paso County, Texas, signed a judgment in cause number 92-7704 which was styled Judy Paul v. Rene M. Vernon and Vera Shaw. That judgment provided that Raymond W. Shaw was the rightful owner of the fee simple title to real property located in El Paso County. The property is described as Tract 3-B-34, W.F. Hagan Survey, No. 146, in El Paso County (the “Property”). On May 8, 2000, William Perrien and Roxanne Perrien purchased the Property from Raymond W. Shaw by a contract for deed. They did not conduct a title search. The purchase price for the Property was $25,000 and the Perriens made a $5,000 down payment. The land was worth $16,587 at the time of the sale and an old mobile home located on the property was valued at approximately $10,000. The Perriens paid the remainder they owed Shaw in 2006 and received a deed which they recorded.
The Perriens made significant improvements to the Property and paid back taxes from 1999 and 2000. Thеy spent approximately $5,000 improving the mobile home but it was destroyed in 2006 by severe rains and flooding. The Perriens borrowed $80,000 and built a 3,800 square foot home themselves with the help of friends and family. In 2009, the land and home had a tax valuation of $16,588 and $69,209, respectively, but other evidence showed that the Property had a market value of approximately $125,000. The present dispute arose in 2007 when the Perriens decided to sell their home and move to California to care for Mrs. Perrien’s parents. They agreed to sell the Property for $110,000 to Frederico Gonzalez but a title search revealed that Raymond Shaw had transferred a 90 percent interest in the Property to Mexada Corporation by a tenants in common warranty deed. The warranty deed was executed on June 8, 1992, approximately one month after Ms. Vernon transferred title to Shaw and more than two months before the trial court entered the 1992 judgment, but the deed was not recorded until August 1993. Mex-ada is a Nevada Corporation. According to records on file with Nevada’s secretary of state, Jerry Vernon is the secretary and Rene Vernon is the president and director of Mexada. Rene is Jerry Vernon’s daughter. Despite claiming ownership of a 90 percent interest in the property, Mex-ada and Vernon never occupied the real property, never paid any real property taxes or insurance, and never paid for any maintenance, repairs, improvements or utilities on the Property. On February 4, 2008, the Perriens filed a suit to quiet title against Mexada and they sought a declaratory judgment of their rights with respect to the Property. The Perriens sought attorney’s fees under the Declaratory Judgments Act. They also alleged slander of title and asserted that Mexada is estopped from claiming ownership of the Property by virtue of the 1992 judgment under the principles of collateral estoppel and res judicata. The Perriens sought both compensatory and exemplary damages. Alternatively, the pleadings included a suit for partition.
On March 3, 2008, Ms. Vernon filed an answer on behаlf of Mexada reflecting that she is the secretary of Mexada and Jerry Vernon is the president. On August 14, 2008, Mexada executed a quitclaim deed of its interest in the Property to Jerry Vernon. Vernon signed the quitclaim deed on behalf of Mexada as its president. 1 The *54 Perriens amended their petition to add Vernon as a defendant. The amended petition included the claims found in the original petition but additionally alleged that the quitclaim deed had clouded title to the Property and it alleged that Mexada and Vernon were estopped under the principles of res judicata and collateral estoppel from claiming ownership of the Property. The amended petition alsо added a cause of action for civil conspiracy. Following a non-jury trial, the trial court entered judgment in favor of the Perriens. The court entered a declaratory judgment that the Perriens are the rightful owners of 100 percent of the fee simple title to the Property. The court also ordered, adjudged, and decreed that the Perriens are the sole and rightful owners of 100 percent of the fee simple title to the Property as purchasers of the Property from Raymond W. Shaw and he was the rightful owner of 100 percent of the fee simple title to the Property by virtue of the 1992 judgment. The court ordered that both the June 8, 1992 deed and the quitclaim deed are discharged and removеd as a cloud on the Perriens’ title to the Property. The court awarded the Perriens compensatory damages in the amount of $12,000, exemplary damages in the amount of $12,000, and attorney’s fees in the amount of $10,000. The trial court entered findings of fact and conclusions of law. Vernon filed notice of appeal but Mexada has not appealed.
SUBJECT MATTER JURISDICTION
In his first issue, Vernon complains that the judgment is void because the court adjudicated the land ownership dispute between the parties as a declaratory judgment when Texas law requires that disputes about ownership be litigated in a trespass-to-try-title action. Vernon contends that the trial court lacked subject matter jurisdiction and requests that the entire judgment be vacated and set aside. The Perriens have not directly addressed this issue in their brief.
The Perriens’ first amended petition included a request for declaratory relief and also stated a quiet title claim. They did not expressly allege a trespass to quiet title claim. Vernon correctly states that a trespass to try title action is the exclusive method to adjudicate rival claims of title to real property.
See
Tex.Prop. Code Ann. § 22.001 (West 2000)(“A trespass to try title action is the method of determining title to lands, tenements, or other real property.”);
Martin v. Amerman,
The Declaratory Judgments Act does not alter a trial court’s jurisdiction.
See Texas Parks and Wildlife Department v. Sawyer Trust,
In their first amended petition, the Per-riens’ specifically sought an adjudication of their rights as the owners of the Property, and requested that the June 8, 1992 deed and the quitclaim deed recorded on October 15, 2008 be declared null and void, that the Perriens be declared the legal and equitable owners of the Property, and that the cloud on their title be removed. By requesting declarations that the June 8, 1992 deed and the quitclaim deed are void and that the Perriens are the rightful owners of the Property, the Perriens effectively alleged a trespass to try title claim.
See Parker v. Hunegnaw,
RES JUDICATA AND COLLATERAL ESTOPPEL
In Issues Two and Four, Vernon challenges the legal and factual sufficiency of the evidence supporting the trial court’s determinations related to res judicata and collateral estoppel. Res judicata, also known as claim preclusion, prevents the relitigation of a finally-adjudicated claim and related matters that should have been litigated in a prior suit.
State and County Mutual Fire Insurance Company v. Miller,
Vernon does not challenge the first element of res judicata. It is undisputed that the 205th District Court determined that Raymond W. Shaw owned 100 percent of the fee simple title to the property. Ver *56 non instead challenges the second and third elements of res judicata. He argues that the evidence is insufficient to prove that he is in privity with a party to the 1992 suit or to prove that the current suit is based on the same claims as were raised or could have been raised in the 1992 suit. The trial court made the following pertinent findings of fact:
13. On August 27, 1992, the Judge of the 205th Judicial District Court of El Paso County, Texas, signed and entered its Judgment under Cause No. 92-7704 entitled ‘Judy Paul v. Rene M. Vernon and Vera Shaw ’ that Raymond W. Shaw is the rightful owner of the Fee Simple Title to the property located at Tract S-B-34, W.F. Hagan Survey No. 146 in El Paso County, Texas.
14. Rene M. Vernon was a party to those proceedings.
15. The docket sheet for Cause No. 92-7704 shows that citation was issued to Rene M. Vernon on June 30,1992.
16. Rene M. Vernon is an оwner and vice president of Mexada Corporation.
17. Mexada Corp. through its representative, Rene M. Vernon, was a party to those proceedings.
18. Defendant, Jerry Vernon is the father of Rene M. Vernon and owner and president of Mexada Corp.
19. The docket sheet for Cause No. 92-7704 shows that the oral telephonic deposition of Jerry Vernon was filed on August 25,1992.
20. Defendant’s deed dated June 8, 1992, which was recorded one year after the date of the Judgment, creates a cloud on Plaintiffs title.
21. After the Judgment was rendered, Mexada Corp. and Rene M. Vernon failed to remove the cloud on the subject real property.
22. On October 15, 2008 and after this lawsuit was filed, Mexada Corp. transferred this property by Quitclaim Deed to Jerry Vernon.
23. Plaintiffs have requested that Defendants remove the cloud on their title for the subject property and Defendants have failed and refused to do so.
24. Defendants’ claim that either Mex-ada Corp. and/or Jerry Vernon are part owners of this property is slander to Plaintiffs’ title in light of the Judgment.
The court also entered conclusions of law related to the res judicata and collateral estoppel issues:
2. On August 27,1992, the Judge of the 205th Judicial District Court of El Paso County, Texas, signed and entered its Judgment under Cause No. 92-7704 entitled ‘Judy Paul v. Rene M. Vernon and Vera Shaw ’ that Raymond W. Shaw is the rightful owner of the Fee Simple Title to the property located at Tract 3-B-34, W.F. Hagan Survey No. 146 in El Paso County, Texas.
3. The 1992 Judgment recites that ‘the parties appeared in person and by and through their attorneys of record, and announced to the Court that they have reached an agreed judgment in regard to the litigation pending before this Court, -’ The Judgment is res judi-cata as to the owner of the property.
4. Rene M. Vernon, Mexada Corp. and Jerry Vernon are in privity to each other and in the litigation under Cause No. 92-7704.
5. William (Bill) Perrien and Roxanne Perrien purchased the real property located at Tract 3-B-34, W.F. Hagan Survey No. 146 in El Paso County, Texas from Raymond W. Shaw.
6. Plaintiffs, William (Bill) Perrien and Roxanne Perrien are the owners of the real property.
*57 7. Defendants are estopped from claiming ownership to the subject real property and are bound by the Judgment signed and entered by the Judge of the 205th Judicial District Court of El Paso County, Texas, under Cause No. 92-7704, on August 27, 1992 under the doctrines of res judicata and collateral estoppel.
Standard of Review
Findings of fact in a bench trial have the same force and dignity as a jury’s verdict upon questions and are reviewed for legal and factual sufficiency of the evidence by the same standards.
Ortiz v. Jones,
Vеrnon has not specifically challenged any of the trial court’s findings of fact. Generally, attacks on the sufficiency of the evidence supporting findings of fact “must be directed at specific findings of fact, rather than at the judgment as a whole.”
Arrellano v. State Farm Fire & Casualty Company,
A legal sufficiency or “no evidence” challenge will be sustained if the party suffering the adverse decision at trial shows: (1) the complete absence of a vital fact; (2) the court is barred by rules of law or evidence from giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a scintilla; or (4) the evidences establishes conclusively the opposite of the vital fact.
City of Keller v. Wilson,
Privity
Vernon maintains that the Per-riens failed to prove that he is in privity with a party to the 1992 suit and judgment because there is no evidence that Ms. Vernon was served with citation or filed an answer. The trial court expressly found that Mexada and Ms. Vernon were parties to the 1992 suit in the 205th District Court. Mexada has not appealed. The judgment and the trial court’s determination that the *58 1992 judgment is res judicata are therefore final as to Mexada.
Gilbert Sanchez, the El Paso County-District Clerk, testified that the entire file in cause number 92-7704 was destroyed in 2005 and his predecessor had failed to scan or microfiche the documents. The Clerk’s Office had only the docket sheet and the trial court took judicial notice of it. 3 It reflects that the suit was filed on June 26, 1992, approximately seven weeks after Ms. Vernon sold the Property to Raymond W. Shaw and notified Judy Paul of the sale. Non-resident citation was issued to Ms. Vernon in Albuquerque, New Mexico, on June 30, 1992, but the docket sheet does not show that Ms. Vernon was ever served or that she filed an answer. A temporary restraining order was mailed to her on that same date. The docket sheet states that counsel for Vera Shaw took Jerry Vernon’s deposition by telephone on August 25,1992.
The record also includes a copy of the 1992 Judgment which reflects the style of the case as “ Judy Paul, Plaintiff, v. Rene M. Vernon, and Vera Shaw, Defendants.” The judgment recites that “the parties appeared in person and by and through their attorneys of record, and announced to the Court that they have reached an agreed judgment in regard to the litigation pending before this Court....” The 205th District Court incorporated that agreement in the judgment. The parties agreed that Raymond W. Shaw is the rightful owner of the fee simple title of the Property and Judy Paul has no ownership interest in the Property. The agreed judgment also recited that all of the claims asserted by Paul against “other parties to this action” are dismissed without prejudice. Ms. Vernоn is the only other party to the action. The judgment has signature lines for Vera Shaw, Raymond W. Shaw, and Judy Paul to approve as to form and substance, but it does not have a signature line for Rene M. Vernon.
Under the presumption of regularity of judgments, we presume recitations in the final judgment are correct absent any evidence to the contrary.
See Southern Insurance Company v. Brewster,
The next issue is whether Vernon was in privity with Ms. Vernon. The Texas Supreme Court has stated that people can be in privity in at least three ways: (1) they can control an action even if they are not parties to it; (2) their interests can be represented by a party to the action; or (3) they can be successors in interest, deriving their claims through a party to the prior action.
Amstadt v. U.S. Brass Corporation,
Capacity
Vernon also complains that res judicata cannot be applied in this case because Ms. Vernon was sued in her individual capacity in the 1992 suit rather than as a representative of Mexada Corporation. The record before us is silent as to the capacity in which Ms. Vernon was sued in 1992 because the District Clеrk destroyed the entire record in 2005. Neither the docket sheet nor the judgment affirmatively reflects in what capacity Ms. Vernon was sued. In the absence of any evidence supporting this argument, nothing is presented for our review.
Same Claims
Vernon next argues that the evidence is insufficient to prove that the second action is based on the same claims as were raised or could have been raised in the first action. Given that the 205th District Court entered a judgment that Raymond Shaw owned the fee simple title to the Property, the 1992 suit clearly involved a dispute regarding ownership of the Property. Vernon concedes that Rene Vernon, as an officer of Vernon, could have raised in the first suit the сlaim that Raymond Shaw did not own a 100 percent interest in the Property because he had transferred a 90 percent interest in the Property to Mexada in June 1992. Vernon argues that the same claim could not be raised in the instant case because Mexada quitclaimed its interest-to Vernon. This argument is without merit. The Perriens initially brought this suit seeking to have the June 8, 1992 warranty deed from Raymond Shaw to Mexada declared void and removed as a cloud on their title. Mexada’s assertion of an interest in the property is the same claim which Ms. Vernon, on behalf of Mexada, could have brought in the 1992 suit.
A quitclaim deed is a deed that conveys a grantor’s complete interest or claim in certain real property but that
*60
neither warrants nor professes that the title is valid. BLACK’S LAW DICTIONARY 477 (9th ed.2009);
see Rogers v. Ricane Enterprises, Inc.,
The trial court correctly concluded that Mexada and Vernon are estopped from claiming ownership of the property and are bound by the 1992 judgment under the doctrine of res judicata. It is therefore unnecessary to address Vernon’s arguments related to collateral estoppel. Issues Two and Four are overruled.
TRESPASS TO TRY TITLE
In Issues Three, Five, and Eight, Vernon contends that the evidence is legally and factually insufficient to support the trial court’s determination that the Perriens are the rightful owners of the Property or that their title is superior to Vernon’s title. A trespass-to-try-title action is a procedure by which rival claims to title or right of possession may be adjudicated.
King Ranch, Inc. v. Chapman,
We will first examine the legal sufficienсy challenge. On appeal, a legal sufficiency or “no evidence” challenge will be sustained if the party suffering the adverse decision at trial shows: (1) the complete absence of a vital fact; (2) the court is barred by rules of law or evidence from giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a scintilla; or (4) the evidence establishes conclusively the opposite of the vital fact.
City of Keller v. Wilson,
The Perriens offered evidence that they derived their title to the Property through Raymond W. Shaw in 2000. Vernon obtained his interest in the Property by means of the quitclaim deed he executed аs president of Mexada after this suit was filed. Mexada obtained its 90 percent interest in the property by means of the tenants in common warranty deed executed by Raymond W. Shaw on June 8, 1992. The trial court determined, however, that the June 8, 1992 deed is void and Mexada is estopped from claiming an interest in *61 the Property. Mexada has not appealed so the trial court’s judgment is final with respect to Mexada’s interest arising out of the June 8, 1992 deed. Further, we have overruled Vernon’s challenges to the trial court’s determination on the issue of res judicata. Accordingly, the evidence is legally sufficient to prove that the Perriens’ title is superior to that of Vernon.
When the appellant challenges the factual sufficiency of an adverse finding on which the other party had the burden of proof, the appellant must demonstrate that there is insufficient evidence to support the adverse finding.
Escalante,
The Perriens’ pleadings also alleged a suit to quiet title or a suit to remove a cloud from title and the trial court made findings relevant to that cause of action. In the event the dispute should have been litigated as a suit to quiet title rather than as a trespass to try title, we note that Vernon has not raised any issues on appeal challenging that portion of the judgment. A suit to remove cloud from title or suit to quiet title is different from an action in trespass to try title.
Katz v. Rodriguez,
Given that Vernon has not raised any issues on appeal related to the portion of the trial court’s judgment granting relief on the Perriens’ suit to quiet title, we will not review the sufficiency of the evidence supporting the elements of that cause of action. Issues Three, Five, and Eight are overruled.
ATTORNEY’S FEES
In Issue Six, Vernon contends that the trial court abused its discretion by awarding the Perriens attorney’s fees on their declaratory judgment action. He relies on a case holding that attorney’s fees are not recoverable in a declaratory judgment action where the claim is properly a trespass-to-try-title action.
See Ely v. Briley,
EXEMPLARY DAMAGES
In Issue Seven, Vernon contends that the evidence is legally and factually insufficient to support the trial court’s award of exemplary damages against him. Section 41.003 of the Texas Civil Practice and Remedies Code provides that exemplary damages may be awarded in cases where a claimant proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. Tex.Civ.PRAC.
&
Rem.Code Ann. § 41.003(a)(l)-(3)(West Supp. 2011). The Perriens alleged malice as a basis for recovering exemplary damages. Malice is defined as a specific intent by the defendant to cause substantial injury or harm to the clаimant. Tex.Civ.Prac. & Rem.Code Ann. § 41.001(7). Specific intent means that the actor desires to cause the consequences of his act, or that he believes the consequences are substantially certain to result from it.
Seber v. Union Pacific Railroad Company,
The Civil Practice and Remedies Code provides that “clear and convincing means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” Tex.Civ.Prac. & Rem. Code Ann. § 41.001(2). Given that there is an elevated standard of proof, the standard of appellate review is likewise elevated.
Southwestern Bell Telephone Company v. Garza,
*63
In reviewing a factual sufficiency challenge to an adverse finding on which the other party had the burden of proof, as is the case here, we will consider, weigh, and examine all of the evidence in the rеcord, both in support of and contrary to the finding. See
Dow Chemical Company v. Francis,
The evidence at trial revealed that Vernon, in his capacity as Mexada’s presidеnt, executed a quitclaim deed to the Property after this suit was filed. Vernon was not a party to the suit at that time, but he had knowledge of the suit and he had received a copy of the petition. 4 Thus, Vernon knew that the Perriens were alleging they had made substantial improvements to the property, they had paid the taxes on the property for a number of years, and Mexada’s adverse claim was preventing the Perriens from selling the property. He also knew that they were relying on the 1992 judgment to show that Raymond Shaw owned the property when he sold it to them and the Perriens were asserting that Mexada was estopped from claiming an interest in the Property by virtue of that 1992 judgment. Knowing these facts, Vernon executed the quitclaim deed. Mexada and Vernon offered no evidence at trial that any legitimate basis existed for the quitclaim deed. A reasonable trier of fact could find that Vernon and Mexada executed the quitclaim deed for the sole purpose of further clouding the Perriens’ title and causing them substantial harm. This evidence is legally sufficient to permit a reasonable trier of fact to form a firm belief or conviction regarding malice.
Turning to the issue of factual sufficiency, we note that Vernon does not point to any contrary or disputed evidence that the trial court, as factfinder, could not have credited in favor of a malice finding. We have examined all of the evidence in the record and find that it is factually sufficient to support the trial court’s finding of malice. We overrule Issue Seven and affirm the trial court’s judgment.
CHEW, C.J. (Senior), sitting by assignment.
SALAS-MENDOZA, Judge, sitting by assignment.
Notes
. In 2008, Vernon filed handwritten pleadings on behalf of Mexada stating that he was incarcerated in New Mexico.
. In 2007, the Legislature amended Section 37.004 to permit a person to obtain a determination of the proper boundary line between adjoining properties. See Tex.Civ.Prac. & Rem. Code Ann. § 37.004(c) (West 2008). The instant case does not involve a boundary dispute so Section 37.004(c) is inapplicable.
. The docket sheet is included in the clerk's record as an exhibit to the Perriens’ motion for summary judgment.
. Vernon sent a handwritten letter to the trial court dated March 7, 2008 stating that he was the president of Mexada and he had received the petition filed in this case.