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  • Barden v. Fellowship Baptist, 4th Cir. (2002)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal of a case brought by The Barden & Robeson Corporation against Fellowship Baptist Church and others. The district court had found it lacked subject matter jurisdiction over the case under the Rooker-Feldman doctrine because state courts in West Virginia had already considered and entered judgment on the contractual dispute between the parties. The Fourth Circuit agrees that the district court properly lacked jurisdiction, as Barden's federal petition was effectively an attempt to challenge the prior state court judgment.

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    Filed: 2002-01-08 Precedential Status: Non-Precedential Docket: 01-1134

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal of a case brought by The Barden & Robeson Corporation against Fellowship Baptist Church and others. The district court had found it lacked subject matter jurisdiction over the case under the Rooker-Feldman doctrine because state courts in West Virginia had already considered and entered judgment on the contractual dispute between the parties. The Fourth Circuit agrees that the district court properly lacked jurisdiction, as Barden's federal petition was effectively an attempt to challenge the prior state court judgment.

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    Public Domain
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    9 views2 pages

    Barden v. Fellowship Baptist, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal of a case brought by The Barden & Robeson Corporation against Fellowship Baptist Church and others. The district court had found it lacked subject matter jurisdiction over the case under the Rooker-Feldman doctrine because state courts in West Virginia had already considered and entered judgment on the contractual dispute between the parties. The Fourth Circuit agrees that the district court properly lacked jurisdiction, as Barden's federal petition was effectively an attempt to challenge the prior state court judgment.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    THE BARDEN & ROBESON
    CORPORATION,
    Plaintiff-Appellant,
    v.
    FELLOWSHIP BAPTIST CHURCH OF
    VIENNA, by and through its Trustees;
    GLEN GAINER, III; CLAYTON BOND;
    KERMIT POLAN,
    Defendants-Appellees.

    No. 01-1134

    Appeal from the United States District Court


    for the Southern District of West Virginia, at Parkersburg.
    Joseph Robert Goodwin, District Judge.
    (CA-00-1005-6)
    Argued: December 4, 2001
    Decided: January 8, 2002
    Before WILKINS and MICHAEL, Circuit Judges, and
    HAMILTON, Senior Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    COUNSEL
    ARGUED: Nathan M. Lyman, LYMAN & LYMAN, L.L.C., Albion,
    New York, for Appellant. Charles Edward McDonough, BOWLES,
    RICE, MCDAVID & LOVE, P.L.L.C., Parkersburg, West Virginia,

    BARDEN & ROBESON v. FELLOWSHIP BAPTIST CHURCH

    for Appellees. ON BRIEF: Robert L. Bays, BOWLES, RICE,


    MCDAVID & LOVE, P.L.L.C., Parkersburg, West Virginia, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    OPINION
    PER CURIAM:
    The Barden & Robeson Corporation (Barden) appeals the district
    courts dismissal (for lack of subject matter jurisdiction) of its petition
    to compel arbitration in its contractual dispute with the Fellowship
    Baptist Church of Vienna, West Virginia. The district court explained
    in its opinion that state courts in West Virginia had already considered Bardens arbitration claim and had entered judgment against
    Barden in the contractual dispute. The district court found that Bardens petition in federal court was in effect an attempt to upset the
    judgment of the West Virginia circuit court and held that the RookerFeldman doctrine precluded federal court jurisdiction over Bardens
    petition. We agree with the district court that it lacked subject matter
    jurisdiction over Bardens petition to compel arbitration, and we
    affirm on that courts reasoning. See Barden & Robeson Corp. v. Fellowship Baptist Church of Vienna, No. 6:00-1005 (S.D. W.Va. Jan.
    9, 2001).
    AFFIRMED

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