No. 21-991

Diana Berber v. Wells Fargo Bank, N.A., et al.

Lower Court: Eleventh Circuit
Docketed: 2022-01-12
Status: Denied
Type: Paid
Tags: appellate-review civil-procedure extraordinary-circumstances federal-rules-of-civil-procedure hazel-atlas-glass-co-v-hartford-empire-co judicial-precedent klapprott-v-united-states liljeberg-v-health-services-acquisition-corp manifest-injustice rule-60-motion
Key Terms:
Securities
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Did the Court of Appeals, despite the presence of the requisite 'extraordinary circumstances', by affirming the District Court's denial of Petitioner Diana Berber's Rule 60, Federal Rules of Civil Procedure, motion to set aside the final judgment, stray from the trail which had been blazed by this Court in Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944), Klapprott v. United States, 335 U.S. 601 (1949), and Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988), and thereby inflict on Ms. Berber a manifest injustice?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Court of Appeals, despite the presence of the requisite “extraordinary circumstances”, by affirming the District Court’s denial of Petitioner Diana Berber’s Rule 60, Federal Rules of Civil Procedure, motion to set aside the final judgment, stray from the trail which had been blazed by this Court in Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944), Klapprott v. United States, 335 U.S. 601 (1949), and Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988), and thereby inflict on Ms. Berber a manifest injustice?

Docket Entries

2022-03-21
Petition DENIED.
2022-03-08
Reply of petitioner Diana Berber filed. (Distributed)
2022-02-23
DISTRIBUTED for Conference of 3/18/2022.
2022-02-09
Brief of respondents Wells Fargo Bank, N.A., et al. in opposition filed.
2021-11-16
Petition for a writ of certiorari filed. (Response due February 11, 2022)

Attorneys

Diana Berber
Lawrence Richard MetschMetschlaw, P.A., Petitioner
Lawrence Richard MetschMetschlaw, P.A., Petitioner
Wells Fargo Bank, N.A., et al.
Ryan Patrick ForrestLittler Mendelson, P.C., Respondent
Ryan Patrick ForrestLittler Mendelson, P.C., Respondent