In Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853, 855 (Tex. 1995), after the trial court rendered partial summary judgment in favor of the defendant, it entered a nonsuit dismissing the claims adjudicated by the summary judgment with prejudice.
The supreme court reversed the court of appeals' holding that the summary judgment did not withstand the plaintiff's nonsuit, stating that "a nonsuit after such a judicial pronouncement results in a dismissal with prejudice as to the issues pronounced in favor of the defendant." Id.
The supreme court went on to state that the court of appeals did not consider whether the trial court erred in entering summary judgment on the plaintiff's claims, and remanded these claims to the court of appeals for consideration. Id.
In Hyundai Motor Co. v. Alvarado, the defendant obtained a partial summary judgment on some of the plaintiffs' claims. Subsequently, the plaintiffs filed a motion to nonsuit the entire case.
The plaintiffs then filed a new petition in a different county alleging the same causes of action, including those causes of action on which the defendant had obtained the partial summary judgment. Hyundai, 892 S.W.2d at 854.
The court concluded that the nonsuit resulted in a dismissal with prejudice as to the issues decided in the partial summary judgment. Hyundai, 892 S.W.2d at 854.