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DAVIS v. MARSHALL HOMES, INC.

Record No. 020421.

576 S.E.2d 504 (2003)

265 Va. 159

Anita Lee DAVIS v. MARSHALL HOMES, INC. and Marshall Meredith, Individually.

Supreme Court of Virginia.

February 28, 2003.

Attorney(s) appearing for the Case

Steven Frucci (Brydges, O'Brien & Frucci, on brief), Virginia Beach, for appellant.

Melvin J. Radin, Norfolk, for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.

LEROY R. HASSELL, SR., Chief Justice.

I.

In this appeal, we consider whether the doctrine of res judicata bars a plaintiff's action to recover damages because of the defendants' alleged failure to pay deed of trust notes when the plaintiff had unsuccessfully filed a prior motion for judgment for actual fraud against the defendants.

II.

In 1999, plaintiff, Anita Lee Davis, filed a motion for judgment against Marshall Meredith, Inc., Marshall...

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