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Christenberry v. Ocwen Loan Servicing, LLC

Court of Appeals of Tennessee, Knoxville

March 14, 2018

DORIS ANNETTE CHRISTENBERRY
v.
OCWEN LOAN SERVICING, LLC, ET AL.

          Session October 19, 2017

         Appeal from the Circuit Court for Blount County No. L-19194 David R. Duggan, Judge

         Doris Annette Christenberry ("Plaintiff"), pro se, appeals the April 19, 2017 judgment of the Circuit Court for Blount County ("the Trial Court") granting summary judgment to Ocwen Loan Servicing, LLC and Wells Fargo Bank, N.A., among other things. Plaintiff's brief on appeal fails to comply in any meaningful way with Tenn. R. App. P. 27. We, therefore, find that Plaintiff has waived her issues on appeal.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed Case Remanded

          Doris Annette Christenberry, Seymour, Tennessee, pro se appellant.

          Edmund S. Sauer and Brian R. Epling, Nashville, Tennessee, for the appellees, Ocwen Loan Servicing, LLC and Wells Fargo Bank, N.A., as trustee.

          D. MICHAEL SWINEY, C.J., delivered the opinion of the court, in which JOHN W. MCCLARTY and D. KELLY THOMAS, JR., JJ., joined.

          MEMORANDUM OPINION [1]

          D. MICHAEL SWINEY, CHIEF JUDGE.

         In January of 2016, Plaintiff, pro se, filed a complaint in the Trial Court against Ocwen Loan Servicing, LLC, Mackie Wolf Zientz & Mann, P.C., "Option One Mortgage (non existing)" and "American Home Mortgage Servicing (non-existing)." This suit later was consolidated with an appeal from a judgment of the General Sessions Court for Blount County involving Plaintiff and defendants Ocwen Loan Servicing, LLC; Wells Fargo Bank, N.A.; and Mackie Wolf Zientz & Mann, P.C.

         Ocwen Loan Servicing, LLC and Wells Fargo Bank, N.A. ("Defendants") filed a motion for summary judgment. After a hearing on the motion, the Trial Court entered its order on April 19, 2017, granting summary judgment to Defendants dismissing Plaintiff's cases with prejudice and issuing a writ of possession to Defendants for possession of the subject property after finding and holding, inter alia:

At the hearing on March 13, the Court once again explained to Ms. Christenberry that it is necessary that she file the appropriate pleadings and other filings with the Court. Specifically, the Court noted that while she had filed what she styled answers to the movants' motion, she had failed to file a response to movants' statement of undisputed material facts. While the Court could have issued summary judgment at the hearing, the Court heard argument, took the matter under advisement, and gave Ms. Christenberry until April 3, 2017 to file a proper response to the statement of undisputed material facts. Movants were then given until April 17 to file any additional pleadings, if any, which they may wish to file.
On April 3, 2017, Ms. Christenberry filed what she styled "exhibits of proof in above styled lawsuit" which makes absolutely no reference to movants' statement of undisputed material facts, which are now before the Court unrebutted.
* * *
Again, those facts are unrebutted. They negate essential elements of Plaintiff, Ms. Christenberry's, claim in case no. L-19194 and establish that she cannot prove her claim, and they further establish, in case no. L-19272, that there are no genuine issues of material fact, and movants are entitled to judgment as a matter of law, including entry of a writ of possession. It is further noted that any of Ms. Christenberry's claims for conversion relating to ...

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