U.S. Court of Appeals for the D.C. Circuit, 1951

Gilmore v. Hinman

U.S. Court of Appeals for the D.C. Circuit · Decided June 21, 1951 · Prettyman, Washington, Lederle

191 F.2d 652; 89 U.S. App. D.C. 165; 1951 U.S. App. LEXIS 2594 (Federal Reporter, Second Series)

Counsel

Mr. T. Emmett McKenzie, Washington, D. C., for appellant., Mr.- Ralph A. Cusick, Washington, D. C., for appellees.

Cases that cite this one

18 later published cases cite this decision. The 17 that cite it most often are listed here.

Max I. Chastain v. Clarence M. Kelley, Director, Federal Bureau of Investigation (D.C. Cir. 1975)
Morgan v. Southern Farm Bureau Casualty Insurance (District Court, W.D. Louisiana 1967)
Borror v. Ohio Casualty Insurance (D.C. 1964)
Friedman v. Wilson Freight Forwarding Co. (3d Cir. 1963)
United States ex rel. Tennessee Valley Authority v. McCoy (District Court, W.D. North Carolina 1961)
Delzona Corp. v. Sacks (3d Cir. 1959)
Morse-Starrett Products Co. v. Steccone. Steccone v. Morse-Starrett Products Co (9th Cir. 1953)
Salazar Ex Rel. Salazar v. District of Columbia (D.C. Cir. 2011)
Oscar Salazar v. DC (D.C. Cir. 2011)
Salazar v. District of Columbia (District Court, District of Columbia 2010)
Salazar v. District of Columbia (District Court, District of Columbia 2010)
Salazar v. Dc (District Court, District of Columbia 2010)
Salazar v. Dc (District Court, District of Columbia 2010)
Owens v. Mukendi (Mass. 2006)
Delzona Corporation v. Sacks (3d Cir. 1959)
Hodgson v. Applegate (N.J. 1959)
In re the Estate of Nuese (N.J. 1954)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellees brought a civil action to set aside a conveyance of real estate. Appellant filed a cross-complaint for services rendered and for sums expended upon the property. After trial before the court without a jury, the judge made findings of fact and conclusions of law and referred the matter to the Auditor of the court for a report stating the account between the parties. The Auditor held hearings and made a report, to which all parties excepted. The court heard the exceptions, modified the report, and then ratified and confirmed it as modified. Final judgment was entered May 23, 1949. An appeal was noted but not perfected, and so was dismissed.

On October 11, 1950, appellant filed in the District Court a motion to revoke the reference to the Auditor and set aside the judgment. The motion was denied, and appellant appealed on the ground that the trial court lacked authority to make the reference to the Auditor.

We think the action of the trial court in making the reference was proper, *653 and, moreover, the motion to vacate the judgment was filed too late. Sixteen months is not “a reasonable time” under these circumstances. Rule 60(b), Fed.R. Civ.P., 28 U.S.C.A. None of the reasons specified in the Rule are present. No other reason justifying relief from the operation of the judgment appears, and a motion of this sort cannot be used as a substitute for an appeal.

The order of the District Court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.