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BRUNSON v. BANK OF NEW YORK MELLON

No. 20110854-CA.

286 P.3d 934 (2012)

2012 UT App 222

Deron BRUNSON, Plaintiff and Appellant, v. The BANK OF NEW YORK MELLON fka The Bank of New York, As Trustee for the Certificateholders CWalt, Inc.; Alternative Loan Trust 2005-58 Mortgage Pass-Through Certificates, Series 2005-58; ReconTrust Company, N.A.; and Green Tree Servicing, LLC, Defendants and Appellees.

Court of Appeals of Utah.

August 9, 2012.

Attorney(s) appearing for the Case

Deron Brunson, Draper, Appellant Pro Se.

Michael D. Black and Rita M. Cornish , Salt Lake City, for Appellees The Bank of New York Mellon and ReconTrust Company, N.A.

Thomas T. Billings , Mary Jane E. Galvin-Wagg , and Kelley M. Marsden , Salt Lake City, for Appellee Green Tree Servicing, LLC.

Before Judges DAVIS, THORNE, and CHRISTIANSEN.

DECISION

PER CURIAM:

¶ 1 Appellant Deron Brunson appeals from the dismissal of his case with prejudice. The sole issue raised by Brunson is "[w]hether the court erred by treating a hearing on a temporary restraining order as though it was a hearing on a motion to dismiss." Brunson claims that the district court violated rule 7 of the Utah Rules of Civil Procedure by ruling without waiting for a response or a notice to submit.

¶ 2 This appeal...

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