Legal Opinion
M & I Marshall & Ilsley Bank v. Sunrise Farms Development, LLC
Court of Appeals for the Eighth Circuit
Decided December 13, 2013No. 19-1701PublishedCited by 4 opinions
1Opinion of the Court
BENTON, Circuit Judge.
M & I Marshall & Ilsley Bank appeals the district court’s calculation of a deficiency judgment against Sunrise Farms Development, LLC. Having jurisdiction under 28 U.S.C. § 1291, this court reverses and remands.
I
Beginning in 2005, the Bank made loans to Sunrise Farms and its guarantors to develop property. In 2009, Sunrise Farms defaulted, and the Bank sued. The Bank foreclosed, purchasing the property at a foreclosure sale. The Bank then sought to recover the deficiency between the outstanding debt and the foreclosure sale price. Sunrise Farms counterclaimed to set…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Ancom, Inc., a Corporation v. E. R. Squibb & Sons, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1981
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3Cited by4 opinions
- Branch Banking and Trust Co. v. D.M.S.I., LLCCourt of Appeals for the Ninth Circuit · 2017
- Loftness Specialized Farm Equipment, Inc. v. TwiestmeyerCourt of Appeals for the Eighth Circuit · 2014
- Gary Lackey, Jr. v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2014
- Branch Banking & Trust Co. v. Smoke Ranch Development, LLCDistrict Court, D. Nevada · 2015