Randolph Rabbe v. Wells Fargo Home Mortgage, Inc, No. 17-2404 (8th Cir. 2018)

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Court Description: Per Curiam - Before Gruender, Murphy and Benton, Circuit Judges] Civil case - Mortgage law. Dismissal of civil action asserting claims related to a home mortgage affirmed without comment. [ April 16, 2018

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2404 ___________________________ Randolph Michael Rabbe; Lisa Ann Rabbe lllllllllllllllllllll Plaintiffs - Appellants v. Wells Fargo Home Mortgage, Inc.; Wells Fargo, NA; Lathrop & Gage; Michael Jay Abrams; Jehan Kamil Moore lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: April 12, 2018 Filed: April 17, 2018 [Unpublished] ____________ Before GRUENDER, MURPHY, and BENTON, Circuit Judges. ____________ PER CURIAM. In this removed action, Randolph and Lisa Rabbe appeal the district court’s1 dismissal of their civil action asserting claims related to a home mortgage. After careful review, see Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (dismissal for failure to state claim reviewed de novo), we conclude that the Rabbes have failed to present any basis for reversal. See Fed. R. Civ. P. 9(b) (party must state with particularity circumstances constituting fraud); Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (pleading must contain sufficient facts to state claim that is plausible on its face); Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003) (Seventh Amendment right to jury trial exists only with respect to disputed issues of fact). Accordingly, we affirm the judgment. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. -2-

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