Motion For Relief From Judgment

793 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lewis v. Alexander
  987 F.2d 392· 6th Cir.· 1993-03-09
  A district court may employ Federal Rule of Civil Procedure 60(b) to permit an appeal outside the time constraints of Federal Rule of Appellate Procedure 4(a)(5) if specific conditions are met.
• United Mine Workers OF Am. 1974 Pension v. Pittston Co.
  984 F.2d 469· D.C. Cir.· 1993-02-02
  The court held that the 'evergreen clause' in collective bargaining agreements unambiguously obligates signatory employers to make continuing contributions to pension trusts at rates specified in successor National Bituminous Coal Wage Agreements, regardless of whether the employ
• Pease v. Pakhoed Corp.
  980 F.2d 995· 5th Cir.· 1993-01-11
  The court held that the plaintiff's Rule 60(b) motion was properly denied because he failed to demonstrate a meritorious cause of action by not specifying the criminal laws he was asked to violate. The court also affirmed the denial of sanctions, finding the plaintiff's arguments
• Wilson v. Runyon
  981 F.2d 987· 8th Cir.· 1992-12-15
  The court held that the district court erred in construing the plaintiff's untimely motion for reconsideration as a Rule 60(b) motion, and therefore dismissed the appeal for lack of jurisdiction.
• Mangham v. Jenks
  610 So. 2d 85· Fla. 1st DCA· 1992-12-14
  Annie Mangham appealed the denial of her motion for relief from judgment after complying with a court order to construct drainage improvements on her property. The court reversed and remanded, finding the trial court abused its discretion in denying the motion without explanation
• Sult v. Prison Health Servs. Polk Cnty. Jail
  671 F. App'x 807· M.D. Fla.· 1992-11-09
• Saxon v. Blann
  968 F.2d 676· 8th Cir.· 1992-07-01
  The court affirmed the district court's judgment, finding no error in its rulings on copyright infringement, forfeiture, breach of contract, fraud, and disqualification.
• Cent. W. Rental Co. v. Horizon Leasing
  967 F.2d 832· 3d Cir.· 1992-06-11
  The court held that the Simmers asserted a meritorious defense based on the lack of notice of the sale of repossessed vehicles, which is sufficient to require opening the confessed judgment.
• Acli Gov't Sec., Inc. v. Rhoades
  963 F.2d 530· 2d Cir.· 1992-05-06
  The court held that the relitigation exception to the Anti-Injunction Act applied to most of the state actions because the issues had been decided in federal court, but reversed the stay as to Advest in the first state action and limited the scope of the stay in the third state a
• Buck v. U.S. Dep't OF Agric.
  960 F.2d 603· 6th Cir.· 1992-04-06
  The court held that the district court did not abuse its discretion in denying the motion to set aside the dismissal for lack of prosecution, as the attorney's conduct was culpable and the claims lacked merit.
• Olan Randle Robison v. Maynard
  958 F.2d 1013· 10th Cir.· 1992-03-12
  The court affirmed the dismissal of the appellant's second and third federal habeas corpus petitions and the denial of his Rule 60(b) motion, finding he failed to meet the standards for successive or abusive claims.
• Kasib Tauheed Bilal v. Kaplan
  956 F.2d 856· 8th Cir.· 1992-02-12
  The court held that the district court did not abuse its discretion in denying the appellant's Rule 60(b) motion for relief from judgment.
• Dale v. Ronald J. Weller, D.O.
  956 F.2d 813· 8th Cir.· 1992-02-11
  The court held that the case must be remanded to the district court to determine if the plaintiff should be permitted to amend her complaint and whether subject matter jurisdiction exists.
• State OF La. v. Buddy Roemer
  949 F.2d 145· 5th Cir.· 1991-12-06
  The court certified a question of Louisiana law to the Louisiana Supreme Court regarding which official, the Governor or the Attorney General, is the appropriate legal representative of the State and its agencies in federal litigation.
• In re Abijoe Realty Corp.
  943 F.2d 121· 1st Cir.· 1991-08-29
  The court held that a creditor holding a disputed judgment claim has standing to request dismissal of a Chapter 11 case, and that the debtor waived claims of judicial bias and due process violations due to procedural defaults.
• Cutting v. Town OF Allenstown
  936 F.2d 18· 1st Cir.· 1991-06-18
  The court held that the district court did not abuse its discretion in refusing to set aside a default judgment, considering the defendants' significant negligence, the publicity of the case, and the prejudice to the plaintiffs' estate due to the plaintiff's death.
• In re a Grand Jury Subpoena Directed TO Dakota Cheese v. Dakota Cheese, Inc.
  923 F.2d 576· 8th Cir.· 1991-01-09
  The court held that the motion for relief from judgment, characterized as based on newly discovered evidence, was untimely filed.
• Rosaire R. Badger v. Sheri-Lyn Badger
  568 So. 2d 79· Fla. 4th DCA· 1990-09-19
  A husband appeals the trial court's denial of his motion for relief from a contempt order under Florida Rule of Civil Procedure 1.540. The appellate court affirmed, holding that Rule 1.540(b) applies only to final judgments and the contempt order was non-final and therefore not s
• Cezarina Onofrio v. Rubens Onofrio
  564 So. 2d 1215· Fla. 3d DCA· 1990-07-31
  Cezarina Onofrio appeals a summary judgment denying her motion to set aside a 1972 dissolution of marriage judgment entered against her by constructive service. The court affirms dismissal of her jurisdictional arguments but reverses the summary judgment and remands because mater
• Barrs v. Louis W. Sullivan, M.D.
  906 F.2d 120· 5th Cir.· 1990-06-12
  The court held that the district court did not abuse its discretion in denying the motion to reinstate the case, as the plaintiff failed to timely file his action and did not demonstrate sufficient grounds for equitable tolling or relief under Rule 60(b).
• Williams v. Williams
  560 So. 2d 308· Fla. 1st DCA· 1990-04-18
  A husband appealed an order increasing his child support obligation from $200 to $229 per month, arguing the trial court failed to account for social security benefits being received directly by the children. The Florida District Court of Appeal reversed, holding that social secu
• Octaviano v. Malinski
  549 So. 2d 1037· Fla. 3d DCA· 1989-08-08
  A judgment debtor appealed from an order denying his motion for relief from judgment and prohibiting him from filing further pleadings. The court affirmed the denial of the Rule 1.540 motion but reversed the prohibition on future filings as an excessive restraint on the debtor's
• The Sioux Tribe OF Indians v. The United States
  862 F.2d 275· Fed. Cir.· 1988-11-23
  The court held that the Claims Court erred in denying the tribes' motion for relief from a stipulation and judgment entered without their express authorization, contrary to their instructions.
• In re Fine Paper Antitrust Litigation
  840 F.2d 188· 3d Cir.· 1988-02-18
  A district court cannot reopen a final money judgment under Fed.R.Civ.P. 60(b)(6) merely because other parties in a similar situation later obtained a more favorable outcome on appeal.
• Antonio Muina, M.D. v. Mittie and Frank Hood
  516 So. 2d 1117· Fla. 1st DCA· 1987-12-18
  The court held that the appellant's affidavit of disqualification was legally insufficient, and thus the motion for relief from judgment was properly denied.
• Nevada VTN v. Gen. Ins. Co. OF Am.
  834 F.2d 770· 9th Cir.· 1987-12-15
  An insurer's duty to defend extends to challenges to a stipulated judgment that the insurer helped create, particularly when those challenges allege fraud in the original action.
• Charles D. Walker (85-5451) Aubrey M. Nichols (85-5452) Chester Grablis (85-5453) Syl v. Chance (85-5454) Byrns D. Watkins (85-5455) Robert F. Hunter (85-5456) Ga. R. Roth (85-5635) Earl Garrett (85-5644)
  817 F.2d 26· 6th Cir.· 1987-04-24
  The court held that the district court abused its discretion by denying the Secretary's motion to remand, as the Social Security Disability Benefits Reform Act of 1984 mandated remand for all pending cases.
• In re Forfeiture OF ONE 1975 35' Cigarette Boat v. Town OF Golden Beach
  498 So. 2d 960· Fla. 3d DCA· 1986-09-16
  The appellate court affirmed the denial of a motion to set aside a forfeiture order. The appellant, claiming a lien on the seized vessel, failed to establish a meritorious defense because their asserted lien was not properly pleaded as a valid defense in state court.
• Cent. Adjustment Bureau, Inc. v. Myles R. Sahlgren
  492 So. 2d 1184· Fla. 1st DCA· 1986-08-20
• United States v. State OF Or.
  769 F.2d 1410· 9th Cir.· 1985-08-29
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against the enforcement of certain fishing regulations, finding they violated the Tribes' treaty fishing rights.
• Irv David v. Richman
  446 So. 2d 1140· Fla. 3d DCA· 1984-03-13
  A seller sought relief from a summary judgment ordering specific performance of a land sale contract, alleging the buyer committed fraud by falsely swearing to having financial ability to close. The court held that the seller's subsequent compliance with the court's conveyance or
• Rosenthal v. Ford
  443 So. 2d 1077· Fla. 2d DCA· 1984-01-20
  Appellant Rosenthal challenges a consent judgment dissolving a cattle-raising partnership, alleging that appellee Ford fraudulently misrepresented the location of partnership cattle to induce her to settle. The court reverses the trial court's denial of her post-judgment motions
• Schlomann v. Ramsdell
  720 F.2d 20· 8th Cir.· 1983-11-01
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment.
• Burdick v. Isadore Burdick
  420 So. 2d 941· Fla. 3d DCA· 1982-10-26
  The court reversed a judgment requiring the widow to return $44,155.72 paid under a prior final order, holding that a motion for relief from judgment under Rule 1.540 stated no colorable grounds and the trial court lacked authority to modify the final order nearly four years late
• The Capitol Life Ins. Co. v. Schnure
  665 F.2d 237· 8th Cir.· 1981-12-04
  The court held that the Rule 60(b) motion was untimely and improper, and thus the district court did not abuse its discretion in denying relief.
• Cottonbelt Ins. Co. & Douglas F. Sweet (Crews Bonding Service) v. State
  400 So. 2d 836· Fla. 4th DCA· 1981-07-08
  The court held that a motion to vacate a judgment forfeiting an appearance bond, filed under Rule 1.540, Florida Rules of Civil Procedure, cannot be used to correct judicial error.
• Nationwide Mut. Ins. Co. v. Holmes
  369 So. 2d 656· Fla. 4th DCA· 1979-04-04
• Harvey v. Lippert
  349 So. 2d 786· Fla. 2d DCA· 1977-09-02
  The appellate court affirmed the trial court's denial of the former wife's claim for half the appraised value of the marital home, finding her interpretation of the separation agreement incorrect.
• Emmy Lou Tirone v. Tirone
  340 So. 2d 539· Fla. 3d DCA· 1976-12-20
  Emmy Lou Tirone sought to set aside a property settlement agreement incorporated into her divorce decree, claiming her attorney coerced her into the settlement. The trial court denied her motion, finding she was a sophisticated businesswoman who fully participated in the negotiat
• Caracristi v. Virginius Z. Caracristi
  324 So. 2d 634· Fla. 2d DCA· 1976-01-07
  In this divorce alimony appeal, the Florida District Court of Appeal reversed the trial court's order striking the ex-wife's Rule 1.540 motion for relief from a final judgment denying her periodic alimony. The court held that the husband's ability to pay must be considered alongs
• Adolphus Clayton v. Buchannan Clayton
  275 So. 2d 588· Fla. 1st DCA· 1973-04-10
  The court held that the evidence sustained the final judgment and the motion for relief from judgment lacked sufficient allegations.
• Queen Ins. Co. of Am. v. Elliott
  141 F.2d 970· 5th Cir.· 1944-04-20
  The court held that the insurance companies waived defenses by failing to plead them and that the jury's verdict was supported by abundant evidence.