Olasumbo Ajetunmobi v. Countrywide Home Loans

MEMORANDUM

Plaintiff-Appellant Olasumbo Titlola Ajetunmobi (“Ajetunmobi”) alleged various fraud-based claims as well as claims for cancellation of deed of trust and quiet title, and declaratory and injunctive relief against a number of defendants including, Countrywide Home Loans, Inc. (“Countrywide”), Bank of America (“BofA”), BAC Home Loans Servicing, LP (“BAC”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and Wells Fargo Bank, N.A. (“Wells Fargo”). Countrywide, BofA, BAC, and MERS filed a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, and the district court granted the motion with prejudice on July 17, 2012. Ajetun-mobi filed her notice of appeal shortly thereafter on August 15, 2012.

Certain Defendants-Appellees claim that Ajetunmobi’s notice of appeal was premature because the case was still pending against Wells Fargo. The district court did not rule on Wells Fargo’s motion to dismiss until February 15, 2018. However, when a party prematurely files a notice of appeal “after the court announces a decision or order—but before the entry of the judgment or order—[the notice of appeal] is treated as filed on the date of and after the entry.” Fed.…