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MERRILL LYNCH BUSINESS FIN. SERV. v. NUDELL

No. 03-1163.

363 F.3d 1072 (2004)

MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., Plaintiff-Appellant, v. Arnold NUDELL, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 12, 2004.

Attorney(s) appearing for the Case

Peter A. Jaffe, Law Offices of Peter A. Jaffe, LLC, McCoy, CO, appearing for Plaintiff-Appellant.

Burton H. Levin, Levin & Levin, LLP, Edwards, CO, appearing for Defendant-Appellee.

Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and KELLY, Circuit Judge.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Merrill Lynch Financial Business Services, Inc. ("Merrill Lynch") brought a diversity action to collect on a debt that Defendant-Appellee Arnold Nudell guaranteed. Mr. Nudell, in response, filed a motion to dismiss based upon the Rooker-Feldman doctrine, which the district court granted. We take jurisdiction pursuant to 28 U.S.C. § 1291, REVERSE, and REMAND.

I. BACKGROUND

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