Court of Appeals of Texas September 3, 1987, No. 09 87 026 CV (Martin v. Hughes)

*733OPINION

BURGESS, Justice.

This is an appeal from a summary judgment based on the finality of the judgment in a prior action relating to the same tract of land, the Lawson tract.

Viewing the summary judgment evidence in the light most favorable to the non-mov-ant, e.g. Great American Reserve Ins. Co. v. San Antonio Plumbing Supply Co., 391 S.W.2d 41, 47 (Tex.