law-privity

law-privity

Mrs. Koval failed to preserve her claim that she, in her individual capacity, lacked privity with
herself as administratrix of the estate by not raising this issue before the trial court in her
response to the motion for summary judgment. See Tex. R. App. P. 33.1(a); Tex. R. Civ. P. 166a(c);
City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 679 (Tex. 1979). Accordingly, Mrs.
Koval waived her challenge to privity. Tex. R. App. P. 33.1.
Koval v. Kirkland Contractors, Inc. (Tex.App,- Houston [1st Dist.] Feb. 15, 2008)(Davie Wilson)
(res judicata based on bankruptcy proceeding, attorney's fees probate code, waiver of issues in
cross-appeal)
AFFIRM TC JUDGMENT: Opinion by Ju stice Davie Wilson
Before Judge Wilson, Justices Alcala and Hanks
01-06-00067-CV Linda Koval v. Henry Kirkland Contractors, Inc.
Appeal from Probate Court No 3 of Harris County (Judge Hon. Rory R. Olsen)