General Practice, Solo and Small Firm Section of the State Bar of Texas


FALL 2018



Estate of Howard, 543 S.W.3d 397 (Tex. App.—Houston [14th Dist.] 2018)


Issue Preclusion:  Issue preclusion applies to administrative agency orders when the agency is acting in a judicial capacity and it resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate.  The doctrine of issue preclusion, also known as collateral estoppel, precludes relitigating issues decided in a previous action even though a later decision is based on a different claim.  A party seeking to assert the doctrine of issue preclusion must establish (1) the facts sought to be litigated in the second action were fully and fairly litigated in the first action (2) the factual findings were essential to the judgment, (3) the party against whom the doctrine is asserted was a party or in privity with a party in the first action, and (4) the issue decided in the first action is identical to the issue in the second action.


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