Teresa Lorenz v. The Bank of New York Mellon, No. 16-3716 (8th Cir. 2017)

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Court Description: Per Curiam - Before Gruender, Bowman and Shepherd, Circuit Judges] Civil case - Breach of contract. Defendants' judgment affirmed without comment in this action arising out of the sale of plaintiff's home mortgage. [ July 27, 2017

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3716 ___________________________ Teresa Lorenz lllllllllllllllllllll Plaintiff - Appellant v. The Bank of New York Mellon; EMC Mortgage Corporation lllllllllllllllllllll Defendants - Appellees Southstar Funding LLC lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: July 14, 2017 Filed: July 28, 2017 [Unpublished] ____________ Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Teresa Lorenz appeals from an order of the District Court1 granting defendants’ motions to dismiss and for summary judgment in this removed action for breach of contract and slander of title, which arose from the sale and assignment of Lorenz’s home mortgage. After de novo review, we affirm for the reasons explained in the District Court’s thorough opinion.2 See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (reviewing de novo a dismissal for failure to state a claim); Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012) (reviewing de novo an order granting summary judgment); see also 8th Cir. R. 47B. ______________________________ 1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota. 2 Because Lorenz failed to file with the District Court objections to the Magistrate Judge’s order denying in part leave to amend the complaint, that order is not properly before us. See Fed. R. Civ. P. 72(a); Daley v. Marriott Int’l, Inc., 415 F.3d 889, 893 n.9 (8th Cir. 2005). -2-

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