Derrick Howard v. Bank of America


PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [3984701] [11-2296]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 11-2296 ___________________________ Derrick D. Howard lllllllllllllllllllll Plaintiff - Appellant v. Bank of America, N.A. as successor by merger to Lasalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities 1 LLC, Asset Backed Certificates, Series 2005-HE3 c/o EMC Mortgage Corporation lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: December 11, 2012 Filed: December 14, 2012 [Unpublished] ____________ Before MURPHY, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Appellate Case: 11-2296 Page: 1 Date Filed: 12/14/2012 Entry ID: 3984701 Derrick Howard appeals the district court’s1 dismissal of his civil complaint. Having carefully reviewed the record, we agree with the district court that Howard’s complaint was barred by res judicata, based on a judgment rendered in Missouri court in a prior legal proceeding between the same parties, and involving the same matter that was the subject of the instant complaint. See C.H. Robinson Worldwide, Inc. v. Lobrano, 695 F.3d 758, 764 (8th Cir. 2012) (law of forum that rendered first judgment controls res judicata analysis); Niere v. St. Louis Cnty., Mo., 305 F.3d 834, 837 (8th Cir. 2002) (per curiam) (elements of res judicata under Missouri law); Vogt v. Emmons, 158 S.W.3d 243, 247 (Mo. Ct. App. 2005) (res judicata renders judgment conclusive between same parties as to all issues that might have been litigated). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. -2- Appellate Case: 11-2296 Page: 2 Date Filed: 12/14/2012 Entry ID: 3984701

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