Malfatti v. Bank of America, N.A.

SHAW, Justice.

The United States Bankruptcy Appellate Panel of the Court of Appeals for the Ninth Circuit (“the BAP”) has certified to this Court, pursuant to Rule 18, Ala. R.App. P., the following question: “In Alabama, is a ‘default’ judgment premised upon discovery sanctions or other post-answer conduct of the defendant sufficient to support the application of issue preclusion in a later proceeding?”1 We answer this question in the negative.

Facts and Procedural History

In its certification to this Court, the BAP provided the following factual background:

“[Anthony A.] Malfatti[, the…