Johnson v. Ocwen Loan Servicing, LLC

In this mortgage foreclosure case, the district court rejected all but one claim and entered a Federal Rule of Civil Procedure Rule 54(b) judgment allowing an appeal before the final claim was resolved. Thirty days passed without appeal, the district court resolved the final claim and entered final judgment, and then plaintiff appealed the district court's rulings.The Fifth Circuit held that the missed deadline for appealing the Rule 54(b) judgment prevented plaintiff from challenging those rulings in a later appeal from the final judgment. Because plaintiff filed her notice more than thirty days after entry of the Rule 54(d) judgment dismissing the Real Estate Settlement Procedure Acts claims, her appeal of those ruling was untimely. Accordingly, the court dismissed the appeal of the federal claims for lack of jurisdiction and affirmed the judgment in favor of defendants on the state law claim. View "Johnson v. Ocwen Loan Servicing, LLC" on Justia Law