Jividen v. Jividen

The problem with the majority opinion is that it mechanically applies Rule 60(b), a procedural rule whose objective is equitable in nature, to achieve an unjust result in an action that sounds historically in equity. See Di Vito v. Fidelity & Deposit Co., 361 F.2d 936, 939 (7th Cir.1966) (recognizing that “the relief provided by Rule 60(b) is equitable in character and to be administered upon equitable principles”). By rigidly relying on Rule 60(b), all in the name of finality of judgments, the majority has ignored the significance of the remedy at issue — equitable distribution of property —…