Hollins v. Beverly Enterprises

EDWARD N. SCRUGGS, Retired Circuit Judge.

A former employee appealed from the February 19, 1988, denial of his motion for relief from a prior judgment, which on October 7, 1986, approved a settlement of the employee’s workmen’s compensation claim.

Previously, the employee had filed on May 19 and 21, 1987, a Rule 60(b) motion on similar grounds, and it was denied by the trial court on July 24, 1987.

The motion sub judice as filed on December 21, 1987, was styled “MOTION FOR INDEPENDENT ACTION.” The grounds alleged therein were that the employer had committed a legal fraud via misrepresentations…