Fred Rizk v. Wallace Mayad

Wallace Mayad filed this bill of review action in the 165th District Court of Harris County against Fred Rizk and three others, hereafter called Rizk. Rizk filed a motion for summary judgment that the court granted. The motion asserted that a prior suit in which there had been a final judgment dismissing Mayads action for non-prosecution had already adjudicated the controlling issues in the bill of review suit. 554 S.W.2d 835. The court of civil appeals reversed the summary judgment and remanded the cause for trial. 588 S.W.2d 661. It is our conclusion that the controlling issues in this case either were or could have been finally determined in the prior action. We reverse the judgment of the court of civil appeals and affirm the judgment of the trial court.