Legal Opinion

Melvin Memphrey Carter v. Beverly Hills Savings and Loan Association Southland Company

Court of Appeals for the Ninth Circuit

Decided September 26, 1989No. 86-6610PublishedCited by 55 opinions

1Opinion of the Court

HUG, Circuit Judge:

This case involves an appeal from the denial of a Rule 60(b) motion to vacate a judgment dismissing Carter’s action to set aside a foreclosure sale on his home. The district court judge, believing that the parties had entered into a settlement agreement, dismissed the underlying action with a retention of jurisdiction for sixty days to reopen if settlement was not completed. Carter made a Rule 60 motion approximately eighteen months later, which the district court denied as untimely. Because the underlying judgment was never entered in accordance with Fed.R.Civ.P. 58, we…

2Cases cited7 opinions

  1. Alphonso Thompson v. The Housing Authority of the City of Los Angeles, a Public CorporationCourt of Appeals for the Ninth Circuit · 1986
  2. Gary R. Eitel v. William D. McCoolCourt of Appeals for the Ninth Circuit · 1986
  3. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  4. Al-Hakim Allah v. Superior Court of the State of California, Los Angeles County, R.A. Doeve, Real-Parties-In-InterestCourt of Appeals for the Ninth Circuit · 1989
  5. Beaudry Motor Co. v. Abko Properties, Inc.Court of Appeals for the Ninth Circuit · 1986

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3Cited by55 opinions

  1. William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
  2. Shannon Casey v. Albertson's Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004
  3. McCalden v. California Library Ass'nCourt of Appeals for the Ninth Circuit · 1990
  4. Louis Orsini and Mary Orsini v. Nahum Kugel and German C. Garcia, Jean Paul Pierre and Moisture Hacking Corp., Chris Roos and George RoosCourt of Appeals for the Second Circuit · 1993
  5. Richard C. Fiore v. Washington County Community Mental Health CenterCourt of Appeals for the First Circuit · 1992

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