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Tex. Civ. Prac. & Rem. Code § 31.004

EFFECT OF ADJUDICATION IN LOWER TRIAL COURT

Applied in 12 court decisions — leading case Jones III v. Sheehan Young & Culp Pc (1996)

Most recently applied in Genender v. Kirkwood (July 2016)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

199320002010201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A judgment or a determination of fact or law in a proceeding in a lower trial court is not res judicata and is not a basis for estoppel by judgment in a proceeding in a district court, except that a judgment rendered in a lower trial court is binding on the parties thereto as to recovery or denial of recovery.

(b) This section does not apply to a judgment in probate, guardianship, mental health , or other matter in which a lower trial court has exclusive subject matter jurisdiction on a basis other than the amount in controversy.

(c) For the purposes of this section, a "lower trial court" is a small claims court, a justice of the peace court, a county court, or a statutory county court.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.