Abate v. Fremont Investment & Loan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• standing to assert try title claim requires record title to and possession of property in question; burden is on plaintiff to show standing
• discussing procedural regime for establishing standing as \first step\ of try title actions
• dismissal with prejudice appropriate in try title action where determination of standing \effectively negate[d] the merits of [plaintiff's] claim\
• “Dismissals for lack of subject matter jurisdiction are ordinarily without prejudice because dismissal for lack of jurisdiction is typically not an adjudication on the merits.”
• failure to address issue on appeal waives right to 2 appellate review

Source: CourtListener parenthetical corpus (CC0).