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

Summary

The court held that the defendant's postvesting appeal was not moot because her allegations of reliance on the servicer's misrepresentations presented a colorable equitable claim that could potentially support practical relief through the trial court's limited continuing jurisdiction. Nevertheless, the court upheld the denial of the motion to open because the defendant was informed of the correct law day, was represented by counsel, had substantial prior experience with motions to open, and failed to protect her rights before title vested. The court reversed the dismissal of the appeal and directed the Appellate Court to affirm the trial court's denial on the merits.