Skip to main content
· 7/30/1990

United States v. Boch Oldsmobile, Inc., Boch Toyota, Inc., and Ernest J. Boch

Citations

  • 909 F.2d 657
  • 17 Fed. R. Serv. 3d 1031
  • 1990 U.S. App. LEXIS 12628
  • 1990 WL 106192

How courts have described this case

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

  • explaining that the concept of void judgments must be narrowly construed to comport with the interests of finality
  • explaining that relief under Rule 60(b)(4) requires a total want of jurisdiction in contrast to an error in the exercise of that jurisdiction
  • finding that regardless of timeliness, prejudice, or exceptional circumstances, under Rule 60(b)(4) relief must be granted if judgment is void
  • noting that the First Circuit “has held that thirty days after judgment is a reasonable time” for motions filed pursuant to Rule 60(b)(4)-(6)
  • considering only whether there was a total want of subject matter or personal jurisdiction or a violation of due process, and rejecting an argument “that run[ning] afoul of the applicable statutes lead[s] to” a void judgment
  • “Consent decrees that run afoul of the applicable statutes lead to an erroneous judgment, not to a void one.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Selya, Cyr

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.