United States Fourth Circuit

Res judicata will bar an appeal from summary judgment in a contract action brought by appellant in Virginia district court, after a default judgment was later entered in Florida district court in an action brought for breach of the same contract (this time against appellant), and appellant's counterclaim in that action (for the same relief sought in the Virginia action) was stricken.

Appellate Information

• Argued 04/05/2000
• Decided 04/22/2002
• Published 04/22/2002

Judges

• Before WIDENER and TRAXLER, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lawrence Hoyt Glanzer, Marcus, Santoro, Kozak & Melvin, Portsmouth, Virginia, for Appellant.  Eric Wagner Schwartz, Mays & Valentine, L.L.P., Norfolk, Virginia, for Appellee.   ON BRIEF:  Richard S. Sperbeck, Huff, Poole & Mahoney, P.C., Virginia Beach, Virginia, for Appellant.  George H. Bowles, Mays & Valentine, L.L.P., Norfolk, Virginia, for Appellee.