CARTER v. BEVERLY HILLS SAV. AND LOAN ASS'N

No. 86-6610.

884 F.2d 1186 (1989)

Melvin Memphrey CARTER, Plaintiff-Appellant, v. BEVERLY HILLS SAVINGS AND LOAN ASSOCIATION; Southland Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 3, 1988.

Decided September 6, 1989.

As Amended September 26, 1989.


Attorney(s) appearing for the Case

Melvin Memphrey Carter, Los Angeles, Cal., pro per.

Gregory L. Dillion, Newmeyer, Landrum & Dillion, Newport Beach, Cal., for defendants-appellees.

Before HUG, ALARCON and KOZINSKI, Circuit Judges.


HUG, Circuit Judge:

This case involves an appeal from the denial of a Rule 60(b) motion to vacate a judgment dismissing Carter's action to set aside a foreclosure sale on his home. The district court judge, believing that the parties had entered into a settlement agreement, dismissed the underlying action with a retention of jurisdiction for sixty days to reopen if settlement was not completed. Carter made a Rule 60 motion approximately eighteen months later, which...

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