Lundeen v. TurnerAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's action seeking a writ of prohibition to prevent the enforcement of a foreclosure judgment against her, holding that the court of appeals did not err.
Appellant filed this prohibition action asserting that Wells Fargo Bank, N.A., which filed the foreclosure action against Appellant, had failed to obtain service within one year of filing the complaint. The court of appeals sua sponte dismissed the cause, concluding that this action was moot and that Appellant's appeal in the foreclosure action constituted an adequate remedy precluding extraordinary relief. The Supreme Court affirmed, holding (1) Appellant's cause of action was not moot; but (2) Appellant's opportunity to assert service and personal jurisdiction defenses in the foreclosure case and on appeal was an adequate remedy at law.