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GUNTER v. MARTIN

Record No. 100305.

708 S.E.2d 875 (2011)

Donald L. GUNTER v. Robbie S. MARTIN.

Supreme Court of Virginia.

April 21, 2011.

Attorney(s) appearing for the Case

David G. Hubbard (Leiser, Leiser & Hennessy, on brief), Vienna, for appellant.

James F. Andrews ( Samuel P. Johnson III ; Shell, Johnson, Andrews & Baskervill, on brief), Petersburg, for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and LACY and KOONTZ, S.JJ.

OPINION BY Justice WILLIAM C. MIMS.

In this appeal we consider the application of the doctrine of res judicata as it existed prior to July 1, 2006, the effective date of Rule 1:6.

BACKGROUND

Donald L. Gunter ("Gunter") originally filed an action on May 27, 2005 ("the 2005 action") against Robbie S. Martin ("Martin") individually and in her capacity as administrator of the estate of George F. Martin, the

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