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This opinion is a concurring and dissenting statement by Justice Evelyn V. Keyes regarding Jamie Genender's appeal of a summary judgment granted in favor of Larry Kirkwood and USA Store Fixtures, L.L.C. Genender's claims included DTPA violations, fraud, unfair debt collection, and trespass. Justice Keyes concurs with the majority's decision to affirm the summary judgment on Genender's DTPA, debt collection, and trespass claims. However, she dissents on the fraud claim, arguing that it should be barred by collateral estoppel under Civil Practice and Remedies Code section 31.004(a). She contends that the ultimate issues of fact for the fraud claim were previously litigated and resulted in an adverse judgment against Genender in county court, thus satisfying the exception in the statute. Justice Keyes concludes that she would affirm the summary judgment on all of Genender's claims.
Genender v. Kirkwood is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
This opinion is a concurring and dissenting statement by Justice Evelyn V. Keyes regarding Jamie Genender's appeal of a summary judgment granted in favor of Larry Kirkwood and USA Store Fixtures, L.L.C. Genender's claims included DTPA violations, fraud, unfair debt collection, and trespass. Justice Keyes concurs with the majority's decision to affirm the summary judgment on Genender's DTPA, debt collection, and trespass claims. However, she dissents on the fraud claim, arguing that it should be barred by collateral estoppel under Civil Practice and Remedies Code section 31.004(a). She contends that the ultimate issues of fact for the fraud claim were previously litigated and resulted in an adverse judgment against Genender in county court, thus satisfying the exception in the statute. Justice Keyes concludes that she would affirm the summary judgment on all of Genender's claims.
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