Cotton v. Mortgage Electronic Registration System
This is a wrongful foreclosure action. The trial court sustained a demurrer to the third amended complaint and dismissed the action. In a previous appeal, we reversed, holding that the trial court should have given plaintiff Bert G. Cotton at least one more chance to amend his complaint.
On remand, Cotton failed to file a timely amended complaint; the trial court therefore dismissed the action again. Cotton’s first response was to file a second appeal; however, he abandoned it, and we dismissed it. His next response was to file a motion to vacate the judgment, supported by a declaration by his attorney admitting fault. The trial court denied the motion. It ruled that, due to our dismissal of the second appeal, the judgment had become final and could not be vacated.
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