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[A]n purchase of sale just after judgment in a foreclosure continuing is definitely an “execution” within part 732 of title twelve.[A]n execution is untimely when issued on a judgment that demonstrates on its deal with that it is not final․ [T]he approved execution and sale of the Tidwells' house ahead of an adjudication in their alleged defense is don't just untimely but a essential flaw inside the order.
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¶ 46 In this particular argument, Moon asserts the judgment of foreclosure, absent an adjudication on the validity of his defenses and counterclaims, was untimely.
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¶ 33 From the first proposition of this attraction, Moon asserts the demo court docket abused its discretion in refusing to vacate the get granting summary judgment to Bank. During this proposition, Moon in the beginning asserts that, in granting Bank's movement for summary judgment, the trial court ignored his valid defenses and counterclaims founded by the evidentiary components attached to his amended respond to, and, inside of a linked argument, additionally asserts the demo court didn't appropriately “adjudicate” the validity of his defenses and counterclaims in mild from the evidentiary supplies hooked up to his page amended reply, violating his right to thanks approach.
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A judgment that adjudicates a plaintiff's cause of action need to also adjudicate all defenses and interrelated counterclaims to that particular reason behind motion which were thoroughly raised with the defendant․ “[W]hen a counterclaim is interrelated with the plaintiff's declare, no judgment is rendered in the case until eventually all challenges lifted by both claims are already solved.”
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¶ twelve By amended answer filed December 5, 2009, Moon alleged that Bank “engaged in a very program of carry out meant to devalue the collateral pledged via the defendants to protected the promissory note and intended to area the defendants in default of the topic Observe.
¶ 41 Within the present circumstance, the trial court in no way ruled on Moon's movement to amend. Moon's filing of his amended solution with materials hooked up is consequently considered an unauthorized filing without influence.
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