Kellogg v. Green, 295 Va. 39

Summary

The Supreme Court of Virginia considered whether a circuit court properly sustained a plea of res judicata based on an order denying a contempt-related show cause petition in a still-pending divorce action. The court held that the show cause order was not a final judgment because the divorce action remained pending and the order did not finally resolve enforcement of the parties’ agreements. The court reversed the dismissal of the separate breach of contract action and remanded for further proceedings.

Holdings

1. An order denying and dismissing a show-cause petition is not a final judgment for purposes of res judicata when the underlying action remains pending, the court has retained jurisdiction to enforce the parties' agreements, and the order does not indicate that the agreements are unenforceable or that nothing further remains to be done.

Questions Presented

1. Whether the order denying and dismissing Kellogg's show-cause petition was a final judgment for purposes of res judicata when the underlying divorce action remained pending and the court had retained jurisdiction to enforce the parties' agreements.

Disposition

reversed_and_remanded