Federal Land Bank of St. Louis v. Cupples Bros.

I respectfully dissent. I cannot agree with either the procedural or the substantive reason given by the Court for its holding.

The Court first says that the Cupples Brothers’ Rule 60(b) motion was untimely. The elapsed time is computed from the entry of the judgment of foreclosure on December 29,1987. Between that date and the filing of the motion on March 16, 1989, some 14V2 months passed. The Court holds that this is an unreasonable length of time.

This analysis overlooks two important facts. First, an appeal was pending for almost 12 of the I4V2 months in question. It is true, as the Court…