Haiduven v. Cooper

PARKER, Judge.

The judgment filed against defendant on 10 September 1973 is not before us for review. No appeal was taken from that judgment, and “an appeal from an order denying relief under Rule 60(b) does not bring up for review the judgment from which relief is sought.” 7 Moore’s Federal Practice, § 60.30 [1]. Thus, the only question presented by this appeal is the validity of the court’s ruling made in the order appealed from, dated 18 March 1974, which denied defendant’s motion for relief under Rule 60 (b) (1).

In order to grant a motion under Rule 60(b)(1) to relieve a party from a final…