In JJ. Gregory Gourmet Services, Inc. v. Antone's Import Co., 927 S.W.2d 31 (Tex. App.--Houston 1st Dist. 1995, no writ), the court stated that res judicata did not apply when the underlying summary judgment granted in favor of the defendants was reversed on appeal. Id. at 34. In that case, however, the summary judgment was reversed and remanded, and the court simply recognized that a summary judgment that is reversed and remanded is not a final judgment. Id.