AI Generated Opinion Summaries

Decision Information

Decision Content

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 a foreclosure action by Wells Fargo Bank, N.A., as trustee on behalf of the holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-12, against Marie C. Russo. The action led to the district court granting summary judgment in favor of Wells Fargo and denying Russo's motion to reconsider.

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Appellant (Marie C. Russo): Argued that the judgment was not a final order, her right to due process was violated, Wells Fargo failed to prove standing, and the original dismissal from the 2011 case should be enforced or reversed.
  • Appellee (Wells Fargo Bank, N.A.): [Not applicable or not found]

Legal Issues

  • Whether the judgment is a final order.
  • Whether the appellant's right to due process was violated.
  • Whether Wells Fargo proved standing.
  • Whether the original dismissal from the 2011 case should be enforced or reversed.

Disposition

  • The district court's order granting summary judgment in favor of Wells Fargo and denying Russo's motion for reconsideration was affirmed.

Reasons

  • KRISTINA BOGARDUS, Judge, with J. MILES HANISEE, Chief Judge, and JACQUELINE R. MEDINA, Judge concurring, found that the appellant, Marie Russo, did not demonstrate an error on the part of the district court that requires reversal. The decision was based on a thorough review of the briefing, authorities cited, and the record of both the current case and the related 2011 case. The presumption upon review favors the correctness of the district court’s actions, and the appellant must affirmatively demonstrate an assertion of error, which Russo failed to do (para 2).
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