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· 9/20/2019

Ditech Fin., L.L.C. v. Balimunkwe

Citations

  • 2019 Ohio 3806

Syllabus

SUMMARY JUDGMENT – FORECLOSURE – EVIDENCE: In a foreclosure action, the trial court erred in granting summary judgment in favor of plaintiff holder of a note and mortgage, because a genuine issue of material fact existed where defendant purported mortgagor presented expert testimony that the signature on the loan refinancing agreement was not his.

How courts have described this case

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

  • holding that whether a defendant was immune under state law implicated both the merits of the case and the court’s jurisdiction under the FTCA
  • holding that whether a defendant was immune under state law implicated both the merits of the case and the court’s jurisdiction under the FTCA
  • holding that in FTCA case, when “pleading a claim and pleading jurisdiction entirely overlap,” the district court may dismiss the claim under Rule 12(b)(1) or Rule 12(b)(6), or both
  • holding that although a motion to dismiss may invoke both Rules 12(b)(1) and 12(b)(6), where the Court “lack[s] subject-matter jurisdiction for [any] non-merits reason[] . . . it must dismiss the case under just Rule 12(b)(1)”
  • holding that although a motion to dismiss may invoke both Rules 12(b)(1) and 12(b)(6), where the Court “lack[s] subject-matter jurisdiction for [any] non-merits reason[] . . . it must dismiss the case under just Rule 12(b)(1)”
  • holding that although a motion to dismiss may invoke both Rules 12(b)(1) and 12(b)(6), where the Court “lack[s] subject-matter jurisdiction for [any] non-merits reason[ ] . . . it must dismiss the case under just Rule 12(b)(1)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mock

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