Vylasek v. Mortgage Electronic Registration Services, Inc.

U.S. Court of Appeals for the Eighth Circuit
Vylasek v. Mortgage Electronic Registration Services, Inc., 668 F. App'x 193 (8th Cir. 2016)

Vylasek v. Mortgage Electronic Registration Services, Inc.

Opinion

PER CURIAM.

John and Patricia Vylasek appeal after the district court 1 dismissed their complaint with prejudice. They also move for this court to take judicial notice of certain facts.

After careful de novo review, we conclude that the dismissal was proper. See Anderson-Tully Co. v. McDaniel, 571 F.3d 760, 762 (8th Cir. 2009) (grant of motion to dismiss is reviewed de novo); see also 28 U.S.C. § 1332 (diversity jurisdiction); Park Nicollet Clinic v. Hamann, 808 N.W.2d 828, 833 (Minn. 2011) (elements of breach-of-contract claim); Paidar v. Hughes, 615 N.W.2d 276, 279-80 (Minn. 2000) (elements of slander-of-title claim).

Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the pending motion.

1

. The Honorable Patrick J. Schütz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota.

Reference

Full Case Name
Patricia VYLASEK; John J. Vylasek Plaintiffs-Appellants v. MORTGAGE ELECTRONIC REGISTRATION SERVICES, INC.; Aurora Loan Services, LLC; Nationstar Mortgage, LLC; Residential Funding Company, LLC; Deutsche Bank Trust Company Americas; Does I-X Defendants-Appellees
Status
Unpublished