Gunter v. Martin, 708 S.E.2d 875

Gunter filed a 2005 action against Martin as administrator of the decedent's estate, challenging the list of heirs and seeking to have himself recognized as an heir.
Martin moved to dismiss under Code § 64.1-5.1 for failure to file an affidavit of parenthood within one year and to pursue a parenthood adjudication, and the circuit court dismissed the 2005 action.
In 2009, Gunter filed a new action to quiet title and seek partition/ sale of real property, asserting he is the decedent's biological son and not Martin's heir.
Martin pleaded res judicata, arguing the 2005 action resolved the question of Gunter's paternity and thus barred the current suit.
The circuit court held that the 2005 action and the 2009 action involve the same cause of action because they arise from the decedent's paternity status, and granted the plea in bar.
The Supreme Court reversed, holding that, prior to Rule 1:6, the remedies and requirements for identity were not met, so res judicata did not bar the current action.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata barred the 2009 action	Gunter argues not barred due to different remedies and lack of identical cause of action.	Martin argues 2009 action is same cause and same remedy, barred by prior dismissal.	Not barred; four-element test not satisfied pre-Rule 1:6
Whether the remedies sought were identical	Remedies differ: heir declaration vs. partition/sale of real property.	Remedies identical because both depend on paternity status determinations.	Remedies not identical
Whether the identity of the parties and the cause of action were identical	Parties differ in capacity and scope; two suits not identical in party quality and action.	Same party and same core issue: paternity status of decedent.	Identity not established; not barred pre-Rule 1:6

State Water Control Bd. v. Smithfield Foods, Inc., 261 Va. 209 (2001) (four elements required for res judicata under pre-Rule 1:6)
Davis v. Marshall Homes, Inc., 265 Va. 159 (2003) (same evidence test for same cause of action)
Jenkins v. Johnson, 276 Va. 30 (2008) (plea in bar in estate context and remedies)
Mowry v. City of Virginia Beach, 198 Va. 205 (1956) (four elements must concur for res judicata)