Marvin Harlan v. The Bank of New York Mellon , 667 F. App'x 582 ( 2016 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-3268
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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.
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: July 5, 2016
Filed: July 18, 2016
[Unpublished]
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Before COLLOTON, GRUENDER, and KELLY, Circuit Judges.
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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
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.
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1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
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