John Priester, Jr. v. JP Morgan Chase Bank
Opinion
Erie guesses are just that-guesses. Hopefully we get them right, but sometimes we get them wrong. When our prediction about what a state supreme court would do turns out to be wrong years after the federal litigation ends, can the losing litigant reopen the federal case? This appeal poses that question.
John and Bettie Priester were on the losing end of what turned out to be an incorrect
Erie
guess. Back in 2013, we affirmed the dismissal of the Priesters' case, holding that a four-year statute of limitations barred their attempt to avoid a home-equity lien under section 50(a)(6) of the Texas Constitution.
Priester v. JP Morgan Chase Bank, N.A.
,
*913
More than a year after
Wood
, the Priesters filed a Rule 60(b)(6) motion to vacate the final judgment dismissing their claims. They cited the clarification of Texas law as the justification. The district court denied the motion, a decision we review for abuse of discretion.
Hall v. Louisiana
,
There was none. For one thing, we see no abuse of discretion in the district court's reasoning that the Priesters unreasonably delayed by waiting until fifteen months after Wood to try and vacate the judgment. See FED. R. CIV. P. 60(c) ("A motion made under Rule 60(b) must be made within a reasonable time ....").
We need not belabor the timeliness question, however, because the district court had another straightforward reason to deny the motion. Relief under Rule 60(b)(6) -the catch-all provision of 60(b), and the one in which the Priesters seek refuge-is appropriate only in "extraordinary circumstances."
U.S. ex rel. Garibaldi v. Orleans Parish Sch. Bd.
,
That being said, we have recognized that there may be situations when a change in decisional law combines with other factors to tip the "delicate balance between the sanctity of final judgments ... and the incessant command of the court's conscience that justice be done in light of all the facts."
Bankers Mortg. Co. v. United States
,
The Priesters also argue that our decision ordering Rule 59(e) relief based on
Wood
, see
Alexander
,
*914 * * *
The judgment is AFFIRMED.
Reference
- Full Case Name
- John PRIESTER, Jr.; Bettie Priester, Plaintiffs-Appellants v. JP MORGAN CHASE BANK, N.A.; JP Morgan Chase & Company; Long Beach Mortgage Company; Alamo Title Company; Cristobal M. Galindo, P.C.; Galindo Law & Title; Galindo Cristobal Title Services; Cristobal M. Galindo; Kristen L. Tinsley, Defendants-Appellees
- Cited By
- 17 cases
- Status
- Unpublished