Thomas Bray v. Bank of America, et al, No. 11-1293 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - Appellate Procedure. Order appealed from did not dispose of all pending claims, and the appeal must be dismissed for lack of jurisdiction.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1293 ___________ Thomas H. Bray, * * Appellant, * * v. * * Bank of America; MERS Inc. * (Mortgage Electronic Registration * Systems); Countrywide Home Loans, * * Appellees. * ____________________________ * * Countrywide Home Loans; Bank of * America; and MERS Inc., as a * nominee of America s Home Loans * LLC, its successors and assigns, * * Counter Claimants, * * v. * * Thomas H. Bray, individually and as * alleged Trustee of Multigrain CPT a/k/a * Multigrains CPT; Michael D. Harris, * Trustee of Bray 10 Family Trust; Ken * Campbell, also known as Kenneth * Campbell; Sharenda Bray Wiebe; * Appeal from the United States District Court for the District of North Dakota. [UNPUBLISHED] Devin Bray; and Portfolio Recovery Associates, * * * Counter Defendants. * ___________ Submitted: September 28, 2011 Filed: October 4, 2011 ___________ Before MELLOY, BOWMAN, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Thomas Bray appeals the district court s1 adverse summary judgment decision in this action involving Bray s complaint seeking to quiet title to his property, and defendants counterclaim seeking foreclosure on that property and several other specific forms of relief. Because the district court s judgment did not fully dispose of all of the claims in this action, and in particular did not address all of the relief requested and all of the counterclaim defendants, we lack jurisdiction. See 28 U.S.C. ยง 1291 (courts of appeals shall have jurisdiction of appeals from all final decisions of district courts); Fed. R. Civ. P. 54(b) (any order that adjudicates fewer than all claims does not end action as to any claims or parties); Thomas v. Basham, 931 F.2d 521, 522-23 (8th Cir. 1991) (jurisdictional issues will be raised sua sponte when there is indication that jurisdiction is lacking). Accordingly, the appeal is dismissed. ______________________________ 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. -2-
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.
