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S.E.C. v. HERMIL, INC.

No. 87-3117.

838 F.2d 1151 (1988)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. HERMIL, INC., d/b/a Wages Bookkeeping Service, Defendant-Appellant, Herman N. Wages, Jr., Douglas B. Koger, John J. Leier, and Stewart Title of Brevard, Inc., Defendants, 280 On 530 Trust, 300 On 530 Trust, 990 On 530 Trust, 1000 On 530 Trust, 4000 On 530 Trust, I-4 Fuller Trust, and Treasure Island Trust, Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 29, 1988.

Attorney(s) appearing for the Case

Elmo Hoffman, Parker, Johnson, Owen & McGuire, Orlando, Fla., for defendant-appellant.

Daryl Bloodworth, Orlando, Fla., for 4000 on 530 Trust.

Hugh M. Palmer, Moreland, Palmer & Marlow, Winter Park, Fla., for 300 on 530 Trust, 280 on 530 Trust, 990 on 530 Trust & I-4 Fuller Trust.

John S. Schoene, Orlando, Fla., for Treasure Island Trust (SN 8/7).

Jack R. Leonard, Orlando, Fla., for 1000 on 530 Land Trust.

Before VANCE and HATCHETT, Circuit Judges, OWENS, Chief District Judge.

VANCE, Circuit Judge:

The central issue in this appeal is whether there exists an ambiguity in the district court's 1982 final judgment so that five years later the court could restructure the original order of relief among the parties by "interpreting" the judgment. Because we find no ambiguity in the language of the original judgment, we hold that the district court lacked authority to alter its judgment. We therefore vacate the district court's 1987 order attempting...

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