Kalyanaram v. Burck

This is an appeal from a grant of a summary judgment. Appellees moved for both a traditional summary judgment and a no-evidence motion for summary judgment. The trial court granted both motions in favor of Appellees. On appeal, Appellant agues the trial court erred in granting the motions because: (1) Res Judicata does not bar his claim for malicious prosecution; (2) the release agreed to by Appellant does not address the claim for malicious prosecution; (3) the trial court erred when it granted the no-evidence summary judgment as to the claim of duress because Appellant submitted sufficient evidence of duress; (4) the trial court should not have considered the no-evidence summary judgment motion because it was submitted in violation of a governing scheduling order; and (5) Appellees were estoppel from relying on the settlement agreement because Appellant proved duress. We affirm.