Nuyen v. Luna

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• setting forth good faith and prompt action as factors for consideration for relief under Rule 60(b)
• specifying the factors pertinent to consideration of a motion under Rule 60(b) and the court’s responsibility to consider them when exercising its discretion
• finding that the trial court abused it discretion in denying a motion to vacate under Rule 60(b) where the trial court’s order failed to indicate that it had inquired into the relevant factors and stated no reasons for denial of the motion
• explaining that a motion under Rule 60(b)—other than one proving a void judgment under Rule 60(b)(4)—“must offer a sufficient elaboration of the facts . . . to conclude whether the defense, if found to be true, is adequate” (alteration in original
• describing circumstances in which motion seeking relief from judgment should be construed as one under Rule 60(b)
• construing motion as one under Rule 60(b), which does not toll the period for filing an appeal from the underlying order, and thus finding scope of appeal limited to the denial of the 60(b) motion

Source: CourtListener parenthetical corpus (CC0).