City filed amended complaint against apartment building owner for unpaid water and sewer services. Owner filed plea in bar, arguing that part of city’s claim was precluded by prior judgment on unpaid bills, which the Newport News Circuit Court denied.
Following trial, the trial court denied owner’s renewed plea, rendered judgment in city’s favor, and awarded city $98,480.68 plus costs. Owner appealed.
The Court of Appeals, Decker held that:
- Factor considering whether facts from prior and current litigation formed convenient trial unit weighed in favor of finding that prior judgment in favor of city was res judicata, and
- Factor considering whether treating facts from prior and current litigation as single unit conformed to parties’ expectations weighed in favor of finding that prior judgment in favor of city was res judicata.