Legal Opinion

Facio v. Jones

Court of Appeals for the Tenth Circuit

Decided March 26, 1991No. 89-4136, 89-4139, 89-4140, 90-4053 and 90-4054PublishedCited by 143 opinions

1Opinion of the Court

EBEL, Circuit Judge.

This is an appeal and cross-appeal from a judgment of the federal district court under 42 U.S.C. § 1983 which declared unconstitutional the Utah state rule requiring that a default judgment debtor show a meritorious defense before the default judgment against him could be vacated. The district court also granted plaintiff costs and attorney’s fees under 42 U.S.C. § 1988. In addition, plaintiff cross-appeals the district court’s denial of a request for attorney’s fees against the state court judge. We do not reach the merits of this appeal because we find that the district…

2Cases cited10 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  3. O'Shea v. LittletonSupreme Court of the United States · 1974
  4. Golden v. ZwicklerSupreme Court of the United States · 1969
  5. Clements v. FashingSupreme Court of the United States · 1982

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3Cited by143 opinions

  1. Eric Noel v. Brian C. Hall Sandra A. Hall, Fka Sandra Johnson, and Gabrielle S. Lennartz Herb Weisser Michelle A. MerchantCourt of Appeals for the Ninth Circuit · 2003
  2. Barney v. PulsipherCourt of Appeals for the Tenth Circuit · 1998
  3. Phelps v. HamiltonCourt of Appeals for the Tenth Circuit · 1997
  4. Green v. BransonCourt of Appeals for the Tenth Circuit · 1997
  5. Bianchi v. RylaarsdamCourt of Appeals for the Ninth Circuit · 2003

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