U.S. Bank National Ass'n v. Rothermel
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The Supreme Court reversed the judgment of the appellate court dismissing Defendant's appeal from the trial court's denial of her motion to open the judgment of strict foreclosure, holding that the trial court did not abuse its discretion by denying the motion.
Defendant defaulted on a promissory note, and Plaintiff commenced a strict foreclosure action. After the trial court set the law day, Defendant filed a motion to open the judgment, raising equitable grounds involving alleged misrepresentations by Plaintiff relating to the foreclosure proceedings. The trial court denied the motion. The appellate court dismissed Defendant's appeal as moot. The Supreme Court reversed, holding (1) the claim raised in Defendant's motion was not moot but, rather, was a recognizable claim in equity; and (2) Defendant's claim that the trial court abused its discretion by denying her motion to open the judgment failed.
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