U.S. Bank National Assn. v. Rothermel.

Summary

The court held that the passage of the law day did not automatically moot an appeal from the denial of a postvesting motion to open a strict-foreclosure judgment when the motion alleged particularized facts supporting a colorable equitable claim. Nevertheless, the trial court properly denied relief because the defendant's own inaction, representation by counsel, prior experience with the foreclosure process, and lack of actual confusion established that equity did not warrant reopening the judgment. The judgment dismissing the appeal was reversed, and the case was remanded with directions to affirm the denial of the motion to open.