Wells Fargo Bank, N.A. v. Ayers

In this mortgage foreclosure action, Wells Fargo appeals from a final judgment entered upon an order granting the borrowers’ motion for an involuntary dismissal. We conclude that Wells Fargo waived any argument that the trial court erred iri involuntarily dismissing the action before Wells Fargo rested its case. However, because Wells Fargo submitted evidence in support of its lost note claim that was sufficient to preclude an involuntary- dismissal, we reverse the final judgment and remand for a new trial. '

In December 2010, Wells Fargo filed a foreclosure complaint against the borrowers.…