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9 U. Dayton L. Rev. 315 (1983-1984)
Civil Procedure: Restriction on the Trial Court's Discretion in Ruling on Rule 55(c) and 60(b) Motions to Vacate Default Entries and Judgments

handle is hein.journals/udlr9 and id is 323 raw text is: CASENOTES CIVIL PROCEDURE: RESTRICTION ON THE TRIAL COURT'S DISCRETION IN RULING ON RULE 55(C) AND 60(b) MOTIONS TO VACATE DEFAULT ENTRIES AND JUDGMENTS-United Coin Meter Co. v. Seaboard Coastline R.R., 705 F.2d 839 (6th Cir. 1983). I. INTRODUCTION It is a settled principle of Anglo-American jurisprudence that judgments should be final. It is equally settled that judgments need be rendered without sacrifice of an individual's paramount right to defend on the merits. A federal district court judge confronted with a rule 55(c)' or 60(b) motion to set aside a default or default judgment bal- ances the competing values of judicial efficiency and individual justice.3 In theory, this disposition of motions made under rules 55(c) and 60(b) is a matter which lies largely within the discretion of the trial judge'4 and the trial judge's determination should not be reversed on appeal absent an abuse of discretion. In reality, however, the courts of I. FED. R. Civ. P. 55(c) provides that [fior good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b). 2. The relevant portion of FED. R. Civ. P. 60(b) provides that [oin motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation ... This note will only deal with FED. R. Civ. P. 60(b)(l). Although the defaulter in this case argued rule 60(b)(2) grounds for relief in addition to rule 60(b)(l) grounds, neither the district court nor the court of appeals dealt with this argument. United Coin Meter Co. v. Seaboard Coastline R.R., 705 F.2d 839, 843 (6th Cir. 1983). 3. il C. WRIGHT & A. MILLER, FEDERAL PRACTICE AND PROCEDURE § 2851, at 140 (1973). 4. Consolidated Masonry & Fireproofing, Inc. v. Wagman Constr. Corp., 383 F.2d 249, 251 (4th Cir. 1967). 5. 10 C. WRIGHT, A. MILLER & M. KANE, FEDERAL PRACTICE AND PROCEDURE § 2693, at 472-74 (2d ed. 1983).

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