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· 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 CourtListener

Sourced 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.