Misty Management Corp. v. First Judicial District Court

The trial court’s entertainment of a motion under Rule 60(b) (3) should be approved. It is true, as pointed out by the majority opinion, that direct attacks on a judgment under Rule 60(b) (3) are most often allowed in those cases lacking jurisdiction over the parties or subject matter. Yet I construe Rule *18460(b) (3) to encompass a broader meaning. See Bass v. Hoagland, 172 F.2d 205 (5 Cir. 1949). As stated by C. J. Gibson in Abelleira v. District Court, 109 P.2d 942 (Cal. 1941):

“ ‘But in its ordinary usage the phrase “lack of jurisdiction” is not limited to these fundamental situations. For the…