Randolph Rabbe v. Wells Fargo Home Mortgage, Inc ( 2018 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2404
___________________________
Randolph Michael Rabbe; Lisa Ann Rabbe
lllllllllllllllllllll Plaintiffs - Appellants
v.
Wells Fargo Home Mortgage, Inc.; Wells Fargo, NA; Lathrop & Gage; Michael
Jay Abrams; Jehan Kamil Moore
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Missouri - St. Joseph
____________
Submitted: April 12, 2018
Filed: April 17, 2018
[Unpublished]
____________
Before GRUENDER, MURPHY, and BENTON, Circuit Judges.
____________
PER CURIAM.
In this removed action, Randolph and Lisa Rabbe appeal the district court’s1
dismissal of their civil action asserting claims related to a home mortgage. After
careful review, see Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir.
2014) (dismissal for failure to state claim reviewed de novo), we conclude that the
Rabbes have failed to present any basis for reversal. See Fed. R. Civ. P. 9(b) (party
must state with particularity circumstances constituting fraud); Ashcroft v. Iqbal, 556
U.S. 662, 678-79 (2009) (pleading must contain sufficient facts to state claim that is
plausible on its face); Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.
2003) (Seventh Amendment right to jury trial exists only with respect to disputed
issues of fact).
Accordingly, we affirm the judgment. See 8th Cir. R. 47B.
______________________________
1
The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.
-2-