· 7/25/2013
Nereida Mendez v. Republic Bank
Citations
- 725 F.3d 651
- 86 Fed. R. Serv. 3d 313
- 2013 WL 3821532
- 2013 U.S. App. LEXIS 15116
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the “mistake” and “inadvertence” language of subsection 1 “includes inadvertence on the part of both courts and parties”
- restricting relief under Rule 60(b) to balance the availability of post-judgment relief with the interests of finality
- affirming grant of Rule 60(b) relief that avoided need for appeal to correct error
- affirming the district court’s grant of a 60(b) motion where the judge realized her judgment was erroneous and invited the losing party to seek post-judgment relief; that party had already sought appeal
- remanding case under FRAP 12.1 in anticipation of FRCP 60(b) motion
- noting need to “balance the availability of post-judgment relief with finality interests,” which is not a problem “in the rare case where a district judge recognizes a clear legal or factual error” soon after entering judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Wood, Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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