United States Eleventh Circuit

Although the district court properly found a judgment of dismissal void under Fed. R. Civ. P. 60(b)(4), it should have set aside the dismissal as to all parties, not merely one, where the order stated that the "action [was] dismissed with prejudice" without naming any plaintiffs, and was made pursuant to the parties' joint stipulation of dismissal.

Appellate Information

• Decided 05/31/2001
• Published 05/31/2001

Judges

• KRAVITCH, Circuit Judge:, Before DUBINA and KRAVITCH, Circuit Judges, and DUPLANTIER , District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sarah Carlisle Pflaum,Russell Q. Allison, Jeremy N. Truesdale, Carr, Allison, Pugh, Howard, Oliver & Sisson, Birmingham, AL, for Smith and Heyl Truck Lines, Inc., Tony S. Hebson, Southlaw, P.C., Birmingham, AL, for Burke.