Osherow Ex Rel. Estate of Rhinesmith v. Wells Fargo Home Mortgage, Inc. (In Re Rhinesmith)
United States Bankruptcy Court, W.D. Texas
1Opinion of the Court
Decision and Order on Motion to Dismiss
LEIF M. CLARK, Bankruptcy Judge.
Came on for consideration the motion of defendant to dismiss for failure to state a claim, for lack of personal jurisdiction and for lack of subject matter jurisdiction. Other issues are also raised in the motion. For the reasons set out herein, the court rules that the motion to dismiss for lack of subject matter jurisdiction — to wit, stand ing — must be granted. The court does not need to reach the remaining issues raised in the motion.
Background
The relevant background facts are found in Wells Fargo’s motion and include…
2Cases cited20 opinions
- Segal v. RochelleSupreme Court of the United States · 1966
- Morton v. GTE Southwest Inc. (Wieburg)Court of Appeals for the Fifth Circuit · 2001
- In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah BellCourt of Appeals for the Second Circuit · 2000
- In Re: Anne L. O'DOwD Anne L. O'DOwD v. Howard C. Trueger David B. Biunno Vincent D. Commisa Marisa A. Taormina Biunno, Commisa and Taormina, P.CCourt of Appeals for the Third Circuit · 2000
- Sample v. MorrisonCourt of Appeals for the Fifth Circuit · 2005
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Porretto v. City of GalvestonCourt of Appeals for the Fifth Circuit · 2024
- Ahlgren, Trustee v. Scott Morrison in his capacity as Trustee of the MUnited States Bankruptcy Court, D. North Dakota · 2019
- Battle v. City of RichmondRichmond County Circuit Court · 2012
- D'Arcangelo v. The Funded Trader LLCDistrict Court, W.D. Texas · 2025
- In re: Cherie Faye Alexander v. Brian David WoodwardUnited States Bankruptcy Court, E.D. Texas · 2025
4 more not listed; retrieve them via the Exa API.