It is specially agreed that the liability of each of the Guarantors for the payment of each note ... shall be joint and several; and that suit may be brought against the Guarantors jointly and severally and against any one or more of them, less than all, without impairing the rights of the Lender .... against the other of the Guarantors, (emphasis added). In other words, Burch-field expressly agreed that Prosperity’s bringing suit against “less than all” of the guarantors (i.e., only Woodall) would not impair Prosperity’s right against the other guarantors (i.e., Burchfield). Allowing Burchfield to avoid liability by invoking res judicata would thus contradict the terms of the agreement. See Gilbert v. Fireside Enter., Inc., 611 S.W.2d 869, 877 (Tex.Civ.App.-Dallas 1980, no writ) (<HOLDING>); Cf. Restatement (Second) of Judgments §
recognizing the right to waive a jury trial recognizing this as the general rule recognizing general rule recognizing general rule that a party may waive the defense of res judicata recognizing that defendant may waive miranda rights