Morris v. White
Chester R. MORRIS v. Paul WHITE
Opinion of the Court
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POPE, Justice.
Plaintiff, Chester R. Morris, has appealed from a summary judgment. The basis for the judgment was res judicata, which may be presented by a motion for summary judgment. Gardner v. Martin, 162 Tex. 156 , 345 S.W.2d 274 . Defendants’ motion showed that the 53rd District Court of Travis County, on December 29, 1960, entered a summary judgment against Morris on the same action here asserted. The Supreme Court of Texas has declared that judgment a final one with respect to the University of Texas, the State of Texas, Arno Nowatny, Carl Bredt, deceased, and Paul White. University of Texas v. Morris, 163 Tex. 130 , 352 S.W.2d 947 . Notwithstanding that final judgment, Morris filed this action, the same one against the same parties, in Bexar County. The plea was properly sustained. Morris v. Johnson, Tex.Civ.App., 348 S.W.2d 228 .
The judgment is affirmed.
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