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SARTIN v. MACIK

No. 07-1464.

535 F.3d 284 (2008)

Robert P. SARTIN, Sr.; Robert P. Sartin, Jr.; Marie M. McGinness Sartin; Ted Griffin; G. Donald Layno; John Michael Wilson; Ronald Frahm; Sharon Frahm; Doug Cline; Edward L. Sartin; Edward A. Sartin; Christopher T. Sartin; Sartin Services, Incorporated; Richard Sartin, Plaintiffs-Appellees, v. John D. MACIK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 2008.

Attorney(s) appearing for the Case

ARGUED: Bradley Eli Pearce, Katten, Muchin & Rosenman, LLP, Charlotte, North Carolina, for Appellant. Benjamin D. Overby, Vernon, Vernon, Wooten, Brown, Andrews & Garrett, PA, Burlington, North Carolina, for Appellees. ON BRIEF: E. Lawson Brown, Jr., Vernon, Vernon, Wooten, Brown, Andrews & Garrett, PA, Burlington, North Carolina, for Appellees.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL joined. Chief Judge WILLIAMS wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case, we confront a question of North Carolina law that the state courts have yet to address. We must determine whether a state default judgment, entered as a penalty for a party's failure to comply with a North Carolina court's discovery order, has collateral estoppel effect in subsequent litigation in bankruptcy court. The bankruptcy court, in a decision...

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