AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves Broker Solutions, Inc., doing business as New American Funding, as the Plaintiff-Appellee, and Patrick J. Archuleta as the Defendant-Appellant. Archuleta appealed from the district court's order denying his motion to set aside a summary judgment against him on the ground of lack of jurisdiction. The summary judgment was entered against Archuleta on March 3, 2016, and his post-judgment motion was filed after the period for appealing the final judgment had expired.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: Argued that the defense of lack of standing, which was asserted in his answer to the complaint, should exempt the case from the application of the Supreme Court's opinion in Deutsche Bank Nat’l Trust Co. v. Johnston. He contended that because he raised the defense in his answer, the facts that he did not respond to Plaintiff’s motion for summary judgment, that a final judgment was entered against him, and that he did not file his post-judgment motion until after the appeal period had expired, should not prevent him from raising prudential standing in his post-judgment motion (para 2).
• Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant-Appellant can set aside a summary judgment on the ground of lack of jurisdiction due to purported lack of prudential standing, despite not responding to the Plaintiff’s motion for summary judgment and filing a post-judgment motion after the period for appealing the final judgment had expired.

Disposition

• The Court of Appeals affirmed the district court's order denying the Defendant-Appellant's motion to set aside the summary judgment against him (para 4).

Reasons

• Per Michael E. Vigil, Chief Judge, with Michael D. Bustamante, Judge, and Timothy L. Garcia, Judge, concurring:
  The Court considered the Appellant's memorandum in opposition but remained unpersuaded. The Appellant's failure to cite any authority supporting his proposition led the Court to assume no such authority exists. The Supreme Court's opinion in Deutsche Bank Nat’l Trust Co. v. Johnston clarified that a final judgment on an action to enforce a promissory note, such as this case, is not voidable under Rule 1-060(B) due to a lack of prudential standing. Since the Appellant filed his motion to set aside the judgment due to Plaintiff’s purported lack of prudential standing after the period for appeal following entry of a final judgment had expired, the final judgment is not voidable under Rule 1-060(B) due to a lack of prudential standing, regardless of whether the Appellant asserted the defense in his answer to the complaint (paras 2-3).