BISHOP v. COUNTY OF MACON

No. COA16-350.

794 S.E.2d 542 (2016)

Donna J. BISHOP and John William Bishop, Plaintiffs, v. COUNTY OF MACON; Macon County Sheriff's Department; Robert L. Holland, Individually and in his Official Capacity as Sheriff of Macon County; C.J. Lau, Individually and in his Official Capacity as Deputy Sheriff of Macon County; Gary Garner and W.T. Potts, Defendants.

Court of Appeals of North Carolina.

Filed: December 6, 2016.


Attorney(s) appearing for the Case

Bidwell & Walters, P.A., by Paul Louis Bidwell , Asheville and Jessica A. Walters , for plaintiff-appellant Donna J. Bishop.

Bidwell & Walters, P.A., Asheville, by Paul Louis Bidwell and Douglas A. Ruley , for plaintiff-appellee John William Bishop.

Womble, Carlyle, Sandridge and Rice, LLP, Charlotte, by Sean F. Perrin , for defendant-appellants Macon County, Macon County Sheriff's Department, Robert Holland, and C.J. Lau.

Long, Parker, Warren, Anderson & Payne, P.A., Asheville, by Ronald K. Payne , for defendant-appellant W.T. Potts.


Where a federal court's dismissal of claims pursuant to Federal Rule 12(b)(6) is not an adjudication on the merits for purposes of collaterally estopping a plaintiff from raising the same or related claim under North Carolina State law in our State's courts, the trial court erred in dismissing plaintiff-appellant's conversion claim...

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