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Gail L. Bratcher and Edmond R. Rivera v. Wells Fargo Bank, N.A. (mem. dec.)

Citation: Not availableDocket: 19A-MF-1404

Court: Indiana Court of Appeals; October 28, 2019; Indiana; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a foreclosure action initiated by Wells Fargo Bank, N.A., the homeowners, who included both the property owner and another party who contributed to mortgage payments, sought to appeal a trial court order denying multiple motions, including a motion to dismiss and a motion for a temporary restraining order. However, the Court of Appeals dismissed the appeal due to a lack of jurisdiction, as the trial court had not issued a final judgment and the proceedings were still ongoing. The appellate court emphasized that it only has jurisdiction over final judgments or certain interlocutory orders if specific requirements are met. The homeowners did not obtain the necessary certification for the appeal to proceed nor did they demonstrate that their case was eligible for an interlocutory appeal under existing provisions. As a result, the appeal was dismissed, and the foreclosure proceedings remained active at the trial court level.

Legal Issues Addressed

Appellate Jurisdiction

Application: The Court of Appeals determined it lacked jurisdiction to hear the appeal as no final judgment had been rendered by the trial court.

Reasoning: Upon review, the Court of Appeals determined that it lacked appellate jurisdiction over the case.

Final Judgment Requirement

Application: The appeal was dismissed because the trial court's proceedings were ongoing and no final judgment had been issued.

Reasoning: The court identified that no final judgment had been issued, as the trial court's proceedings were still ongoing, including a scheduled settlement conference.

Interlocutory Orders

Application: The homeowners failed to seek certification or demonstrate that their appeal qualified under provisions for interlocutory appeals.

Reasoning: The court clarified that while it has jurisdiction over certain interlocutory orders, Homeowners failed to seek the necessary certification or demonstrate that their appeal fell under the specific provisions allowing for such appeals.