Foster v. Wells Fargo Bank, N.A.

DIETZ, Judge.

Plaintiffs Ralph Foster and Shyvonne Steed-Foster appeal the trial court's orders dismissing their claims under Rule 12(b)(6) and denying their Rule 60(b) motion for relief from the Rule 12(b)(6) order.

As explained below, Plaintiffs' appeal from the underlying Rule 12(b)(6) order is not timely and we dismiss that portion of the appeal for lack of appellate jurisdiction. We affirm the trial court's denial of Plaintiffs' Rule 60(b)(6) motion because, applying the appropriate standard of review, the trial court's ruling was well within its sound discretion.

Facts and Procedural…