Legal Opinion
Wells Fargo Bank, National Ass'n v. Byrd
Ohio Court of Appeals
Decided September 12, 2008No. Nos. C-070889 and C-070890PublishedCited by 22 opinions
1Opinion of the Court
Dinkelacker, Judge.
{¶ 1} Since plaintiff-appellant Wells Fargo was not a real party in interest at the time it filed suit in this foreclosure action, the trial court properly dismissed the case. But the dismissal should have been without prejudice. Further, the trial court lacked authority to sanction counsel by requiring counsel to adhere to additional pleading requirements in future cases.
Putting the Cart Before the House
{¶ 2} On January 23, 2007, Wells Fargo filed a foreclosure action against defendants-appellees, Gloria and Ellsworth Byrd. Wells Fargo claimed that it was “the holder and…
2Cases cited10 opinions
- State ex rel. Dallman v. Court of Common PleasOhio Supreme Court · 1973
- Grant Thornton v. Windsor House, Inc.Ohio Supreme Court · 1991
- Campus Sweater & Sportswear Co. v. M. B. Kahn Construction Co.District Court, D. South Carolina · 1979
- United States of America for the Use and Benefit of Robert Wulff and Caitlyn Wulff, Husband and Wife v. Cma, Inc. And Reliance Insurance CompanyCourt of Appeals for the Ninth Circuit · 1989
- Chadwick v. Barba Lou, Inc.Ohio Supreme Court · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Federal Home Loan Mortgage Corp. v. SchwartzwaldOhio Supreme Court · 2012
- Whittiker v. Deutsche Bank National Trust Co.District Court, N.D. Ohio · 2009
- U.S. Bank National Ass'n v. KimballSupreme Court of Vermont · 2011
- CitiMortgage, Inc. v. PattersonOhio Court of Appeals · 2012
- US BANK NAT. ASS'N v. KimballSupreme Court of Vermont · 2011
17 more not listed; retrieve them via the Exa API.