TESSMER v. WALKER

No. 86-5147.

833 F.2d 925 (1987)

H.R. Ambrose TESSMER, Plaintiff-Appellant, v. Rebecca WALKER, Individually and in her capacity as Property Appraiser of Palm Beach County, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 7, 1987.


Attorney(s) appearing for the Case

Lynn E. Szymoniak, Cullen & Szymoniak, P.A., Mark A. Cullen, Lake Worth, Fla., for plaintiff-appellant.

Gaylord A. Wood, Jr., Ft. Lauderdale, Fla., for defendant-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and TUTTLE, Senior Circuit Judge.


PER CURIAM:

H.R. Ambrose Tessmer appeals from the district court's order denying postjudgment relief under Rule 60(b) of the Federal Rules of Civil Procedure. In the circumstances of this case, the district court should have vacated and reentered its judgment on the merits to restart the period for filing a notice of appeal.

The issue in the case is whether plaintiff Tessmer's attorney acted reasonably in trying to determine when the judgment was filed so...

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