Person Appearing As a Representative May Later Appear In Another Capacity
In Gracia v. RC Cola-7-Up Bottling Co., 667 S.W.2d 517 (Tex. 1984) the Texas Supreme Court held that the named adult plaintiff who brought a lawsuit as next friend of her minor daughter was not bound individually by an adverse judgment. Id. at 519.
The court reasoned that, when a party appears in a representative capacity to protect another's interest, the represented party is the real party in interest and an adverse judgment in that action does not bind the nominal party from later bringing suit in her individual capacity to assert her own interest. Id. at 519 (quoting RESTATEMENT (SECOND) OF JUDGMENTS 36(2) (1982) ("A party appearing in an action in one capacity, individual or representative, is not thereby bound by or entitled to the benefits of the rules of res judicata in a subsequent action in which he appears in another capacity.")).