Wellman v. JP Morgan Chase Bank, NA

Brown, Judge.

Don Wellman appeals, pro se, from the trial court's order granting JP Morgan Chase Bank, NA's ("Chase") motion to dismiss his complaint seeking injunctive and declaratory relief "to restrain foreclosure, assignment and title fraud, and to quiet title."1 For the reasons explained below, we vacate the trial court's order dismissing the complaint with prejudice for failure to state a claim under OCGA § 9-11-12 (b) (6) and remand this case to the trial court for entry of an order dismissing the complaint without prejudice based upon insufficient service of process and a lack of…