August 10th, 2018

National City Golf Finance v. Scott

Docket: 17-60283
Opinion Date: August 9, 2018
Judge: Stephen Andrew Higginson
Areas of Law: Civil Procedure

Defendant moved to rescind a settlement from a lawsuit about golf carts and to vacate the dismissal under state contract law. The Fifth Circuit held that the district court did not have jurisdiction to resolve the motion on state law terms because the parties' unconditional dismissal deprived it of subject matter jurisdiction. The court explained that, to reopen this case, defendant must lean on Federal Rule of Civil Procedure Rule 60(b), but that Rule 60(b)'s six grounds to relieve a party from a final judgment, order, or proceeding were unavailable to defendant.

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