Donald L. Gunter v. Robbie S. Martin

Summary

The Supreme Court of Virginia considered whether a 2009 action involving inheritance-related real property was barred by res judicata based on an earlier 2005 action concerning heirship and paternity. Applying the pre-July 1, 2006 version of res judicata doctrine, the Court held that the remedies sought in the two actions were not identical. The Court reversed the circuit court's judgment and remanded for further proceedings.

Holdings

1. The 2009 action was not barred by res judicata because the remedy sought was not identical to the remedy sought in the 2005 action.

Questions Presented

1. Whether, under Virginia's pre-July 1, 2006 res judicata doctrine, the 2009 action was barred because it arose from the same transaction or occurrence as Gunter's 2005 action.
2. Whether the remedies sought in the 2005 and 2009 actions were identical, as required for res judicata before the effective date of Rule 1:6.

Disposition

reversed_and_remanded