Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

In re: Sealed Case (Bowles), No. 07-5411

By FindLaw Staff on October 27, 2010 9:30 AM

Denial of Rule 60(b) Motion Affirmed

In In re: Sealed Case (Bowles), No. 07-5411, a motion to vacate an arbitration award, the court affirmed the denial of appellant's Fed. R. Civ. P. 60(b) motion, holding that Rule 60(b) was unavailable to allow appellant to file a timely appeal -- a holding that was in accord with the majority of circuits holding that with the 1991 amendment adding subsection (6), Appellate 4(a)(6) became the exclusive means of reopening the time to appeal.

As the court wrote:  "In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court held that 28 U.S.C. § 2107, as carried into practice by Appellate Rule 4(a)(6), is jurisdictional and that courts lack power to create equitable exceptions. The question presented in this appeal is whether Federal Rule of Civil Procedure 60(b) remains available to circumvent the 180-day deadline in the appellate rule for reopening the time to file an appeal."

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard