Wells Fargo Bank, N.A. v. Welch-Gallant
Annotate this CaseWells Fargo appealed from the district court’s judgment dismissing its foreclosure complaint against Defendant as a sanction for pretrial misconduct. After a nontestimonial hearing, the court ordered the action dismissed with prejudice. Wells Fargo moved to alter or amend the judgment to provide for a dismissal without prejudice. The district court denied the motion and maintained the dismissal with prejudice. The Supreme Judicial Court remanded the case to the district court to conduct a proceeding that comports with the process recently articulated in Green Tree Servicing, LLC v. Cope, ___ A.3d ___, issued on April 11, 2017, holding that the process used by the trial court did not entirely follow the procedural steps that a court should take before imposing the sanction of dismissal with prejudice.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.