Yvonne Lewis Montgomery v. Toxey E. Hall, M.D.

Defendant appeals the district court’s denial of his motion to vacate a judgment on grounds of alleged fraud and misconduct by the plaintiff. Federal Rule of Civil Procedure 60(b)(3) provides that a court may relieve a party from a final judgment for those reasons. Fed.R.Civ.P. 60(b)(3). However, the party making the rule 60(b)(3) motion must establish by clear and convincing evidence (1) that the ad verse party engaged in fraud or other misconduct and (2) that this misconduct prevented the moving party from fully and fairly presenting his case. Rozier v. Ford Motor Co., 573 F.2d 1332, 1341…