United States Eighth Circuit

In proceedings arising from a South Dakota alienation of affection suit in which a judgment was rendered against defendant, dismissal of defendant's motion to vacate brought under Rule 60(b) of the Federal Rules of Civil Procedure, and orders denying motions to conduct post-judgment discovery and to designate the real party in interest, are affirmed as: 1) there was no abuse of discretion in finding the Rule 60 motion untimely; and 2) the remaining issues were moot.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• BYE, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Mullen, argued, Sioux Falls, SD, for appellant.


• For Appellees:
  
• Michael J. Schaffer, argued, Paul H. Linde, on the brief, Sioux Falls, SD, for appellee.