We have a wrongful foreclosure case pending in Missouri Federal District Court. We filed 5 claims/counts: I. wrongful foreclosure, II. quiet title, III. (forgot what it was called IV. Negligence V. MMPA Violations. The judge denied claims I, II, and III, due to lack of evidence provided by our attorney, but counts IV and V were not denied, and are still in litigation. I read somewhere that until ALL claims/counts are satisfied and “put to bed”, once and for all, the rest (like I, II, and III) remain “open” – The fact is that the evidence we have provided to prove our IV and V claims, it will also prove counts I, II, and III. My question is: Do ALL counts/claims have to be put to bed for the judge’s initial partial denial of counts to be final? Are we just “kicking a dead horse” on the first 3 counts, or does the judge wait for ALL the evidence to come in before he makes a FINAL decision?
