Randolph Rabbe v. Wells Fargo Home Mortgage, Inc

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 17, 2018
• Docket: 17-2404
• Status: Unpublished

Opinion

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Submitted: April 12, 2018 Filed: April 17, 2018 [Unpublished] ____________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.

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