(DOWNLOAD) "Mari v. Rawlins Nat. Bank of Rawlins" by Supreme Court of the United States * Book PDF Kindle ePub Free
eBook details
- Title: Mari v. Rawlins Nat. Bank of Rawlins
- Author : Supreme Court of the United States
- Release Date : January 04, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Judicial restraint requires this court to address the question of whether the issues asserted in this appeal have become moot to the end that any resolution of those argued issues would constitute an advisory opinion only. In his appeal, Joseph A. Mari (Mari) asserts error in the granting of summary judgment with respect to several claims that he set forth in an amended counterclaim in an action to recover a judgment on a promissory note and to foreclose the mortgage securing the note. After the pleadings of the parties were filed and the summary judgment had been entered on the amended counterclaim, Maris interest in the property, which was the subject of the foreclosure action, was transferred to his wife by virtue of a divorce decree in the state of Colorado. We are satisfied that the transfer of Maris interest in the property mooted his contentions of wrongful foreclosure that serve as the foundation for the several claims asserted in his amended counterclaim. Because the issues now are moot, we dismiss this appeal without resolving the asserted questions of law presented by the parties. The effect of our - Page 86 dismissal of this appeal is that the trial courts dismissal of the action, which caused its order granting the summary judgment to become final, must stand.