This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
- 3 -
of the balance forward (including any late fees) and current charges—less any payments. That
total amount due was listed on the remittance slip at the bottom of the bill that was to be
detached and returned with payment. Each bill listed the same account number for Seaview.
The City representative explained that the system was “invoice-driven” and the City
considered each month a separate transaction. She disagreed with the characterization of a
customer account as “one long running account” and testified that the outstanding balance was
included on each bill merely for informational purposes. Of the twenty-two bills issued for the
twenty-two months of service, Seaview made six payments. None of those payment amounts
matched the monthly charge for any of the periods at issue here. As payments were made, the
City typically applied them to “the oldest debt first.” Although it “tried to work with [Seaview]
on an installment plan,” one did not come to fruition.
Seaview did not dispute the amount owed. Instead, it renewed its plea in bar, again
raising its res judicata defense.
The circuit court reconsidered its ruling on the plea in bar in light of the testimony
presented. Ultimately, though, it denied the renewed plea. The court found that each invoice
arose from a different billing period and separate instance of utility usage. Therefore, it
reasoned, each unpaid bill represented a separate transaction or conduct independent of
Seaview’s failure to pay the other bills. The court granted the City a judgment for $98,480.68
plus costs.
ANALYSIS
Seaview contends the circuit court erred by denying the plea in bar based on its ruling
that each billing period represented a separate and independent transaction. It argues that the
City engaged in impermissible claim-splitting and, as a result, that part of its claim was
precluded by res judicata. Jump to an indexed page (12 of 12)