· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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