Tucker v. Bank of New York Mellon

On January 9, 2012, appellee, plaintiff below, filed a mortgage foreclosure action against appellant, defendant below. On October 9, 2012, appellant filed an answer, which included a crossclaim against appellant’s daughter, co-defendant, Velda Gail Tucker, and a counterclaim to quiet title in the appellant.1

On June, 17, 2013, the ease was set for a non-jury trial to occur on August 15, 2013. On July 25, 2013, appellant filed a motion to strike the order setting the case for trial, arguing that the case was not at issue because appelleé never filed an answer or other responsive pleading to her…