Marvin Harlan, et al v. The Bank of New York Mellon


PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Raymond W. Gruender and Jane Kelly (UNPUBLISHED) [4426985] [15-3268]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3268 ___________________________ Marvin A. Harlan; Carol G. Harlan, lllllllllllllllllllll Plaintiffs - Appellants, v. The Bank of New York Mellon, formerly known as The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust 2006-30T1, Mortgage Pass-Through Certificates, Series 2006-30T1, lllllllllllllllllllll Defendant - Appellee. ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: July 5, 2016 Filed: July 18, 2016 [Unpublished] ____________ Before COLLOTON, GRUENDER, and KELLY, Circuit Judges. ____________ PER CURIAM. In this diversity action, Marvin and Carol Harlan sought declaratory relief from a home mortgage, and the Bank of New York Mellon (BONY) brought a counterclaim Appellate Case: 15-3268 Page: 1 Date Filed: 07/18/2016 Entry ID: 4426985 for judicial foreclosure. The Harlans appeal after the district court1 granted BONY’s motions for judgment on the pleadings and for summary judgment, and entered a final judgment and decree of foreclosure. After careful de novo review, we conclude that the Harlans’ arguments on appeal do not warrant reversal. See Saterdalen v. Spencer, 725 F.3d 838, 840 (8th Cir. 2013) (grant of judgment on pleadings is reviewed de novo); Linn Farms and Timber Ltd. P’ship v. Union Pac. R.R. Co., 661 F.3d 354, 357 (8th Cir. 2011) (grant of summary judgment is reviewed de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. -2- Appellate Case: 15-3268 Page: 2 Date Filed: 07/18/2016 Entry ID: 4426985

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