· 1/17/2003
Farm Credit Bank of Baltimore v. Ferrera-Goitia
Citations
- 316 F.3d 62
- 54 Fed. R. Serv. 3d 1164
- 2003 U.S. App. LEXIS 658
- 2003 WL 133010
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a Rule 60(b) motion was not made within a reasonable time when two and a half years had passed since the entry of an order against the movants, when they were aware of the action against them and therefore could offer “no plausible justification for their dilatoriness”
- noting that “Rule 60(b) . . . seeks to balance the importance of finality against the desirability of resolving disputes on the merits” and that courts are afforded “considerable discretion in resolving [Rule 60(b) motions]”
- “a defense based on personal jurisdiction will be deemed waived if not made by a party’s first-filed motion or included in her initial responsive pleading”
- defects in mortgage foreclosure proceeding were technical in nature and did not evince a usurpation of power such as might render the district court’s judgment confirming sale void and subject to attack at any time
- “The circumstances to be considered [in assessing the timeliness of a Rule 60(b)(4) motion] include the length of the delay, the justification for it, and the prejudice (if any) associated with the granting of relief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Coffin, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.