law-dismissal-with-prejudice-vs-dismissal-without-prejudice | DWOP dismissal | dismissal for want of
prosecution | dismissal for lack or want of jurisdiction |


Dismissal with prejudice constitutes adjudication on the merits and operates as if the case had been fully tried
and decided.  Mullins v. Estelle High Security Unit, 111 S.W.3d 268, 273 (Tex. App.—Texarkana 2003, no pet.)
(citing Mossler v. Shields, 818 S.W.2d 752, 754 (Tex. 1991)).  An order dismissing a case with prejudice has
full res judicata and collateral estoppel effect, barring subsequent relitigation of the same causes of action or
issues between the same parties.  See Barr v. Resolution Trust Corp., 837 S.W.2d 627, 630–31 (Tex. 1992).
Thus, the trial court’s dismissal with prejudice of Henny’s claim against Chase operates as an adjudication on
the merits with full res judicata and collateral estoppel effects. SOURCE: Houston Court of Appeals - 01-10-
00476-CV - 6/30/11

DISMISSAL WITH PREJUDICE VS. DISMISSAL WITHOUT PREJUDICE

Travelers Ins. Co. v. Joachim, No. 08-0941 (Tex. May 14, 2010) (Green)
(erroneous order dismissing suit after
nonsuit with prejudice held to have res judicata effect in the absence
of direct attack by appeal or bill of review)
THE TRAVELERS INSURANCE COMPANY (THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD
CONNECTICUT) v. BARRY JOACHIM; from Lubbock County; 7th district (07-06-00322-CV, 279 SW3d 812,
09-25-08)  
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [
pdf]
See
Electronic Briefs in Cause No. 08-0941 THE TRAVELERS INS. CO. v. JOACHIM   


09‑0507  
CARLOS A.L. VAUGHN v. NATRENIA L. HICKS, ET AL.; from Anderson County;
14th district (
14‑08‑00726‑CV, ___ SW3d ___, 04‑16‑09)
Vaughn v. Hicks (Tex.App.- Houston [14th Dist.] Apr. 16, 2009, pet. denied Oct 2009)(per curiam) (pro se
prisoner suit should have been
dismissed without prejudice, rather than with prejudice)

09-0050          
JOHNNY RODRIGUEZ, JR. v. ICON BENEFIT ADMINISTRATORS, INC.; from Lubbock County; 7th district (07-
07-00039-CV, ___ SW3d ___, 10-15-08, pet. denied Sep. 2009)(dissenting opinion)(does erroneous
dismissal with prejudice, as opposed to dismissal without prejudice, have res judicata effect?)