Hale v. Belton Assocs., Inc., 305 F. App'x 987 (4th Cir. 2009). · Go Syfert
Hale v. Belton Assocs., Inc., 305 F. App'x 987 (4th Cir. 2009). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2010 → 2026 · click a year to view as-of
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Cited for
At page 988 Requirements for motion under rule 60(b)18 citing casesquoting Dowell v. State Farm Fire & Cas. Auto. Ins. Co., 993 F.2d 46, 48 (4th Cir. 1993)7 citing courts put it this way
  • Aljammoor v. Dep't of State, No. 3:22-cv-00459 (W.D.N.C. Nov. 7, 2023).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assocs., 305 Fed.
  • Hill-Bey v. Banner Life Ins. Co., No. 1:23-cv-00769 (D. Md. July 14, 2023).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed. Appx. 987, 988 (4t…
  • Dickman v. Banner Life Ins. Co., No. 1:16-cv-00192 (D. Md. July 14, 2023).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed. Appx. 987, 988 (4t…
  • Johnson v. Azar, No. 8:20-cv-02091 (D. Md. Jan. 27, 2023).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Id. (quoting Hale v. Belton Assoc., Inc., 305 Fed. App’x…
  • Gomez v. Baltimore Lutheran High Sch. Ass'n, No. 1:20-cv-03267 (D. Md. Oct. 25, 2022).
    To support a motion under Rule 60(b), the moving party must demonstrate “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed. Appx. 987,…
  • Barber v. Baltimore Lutheran High Sch. Ass'n, No. 1:21-cv-00691 (D. Md. Sept. 6, 2022).
    To support a motion under Rule 60(b), the moving party must demonstrate “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed. Appx. 987,…
  • Buettner-Hartsoe v. Baltimore Lutheran High Sch. Ass'n, No. 1:20-cv-03132 (D. Md. Sept. 6, 2022).
    To support a motion under Rule 60(b), the moving party must demonstrate “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed. Appx. 987,…
  • Harvey v. Enoch Pratt Free Library, No. 1:20-cv-00874 (D. Md. Feb. 4, 2022).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assocs., 305 Fed.
  • Sec. & Exch. Comm'n v. Merrill, No. 1:18-cv-02844 (D. Md. July 7, 2021).
    Dec. 20, 2016) (quoting Hale v. Belton Ass’n, Inc., 305 F. App’x 987, 988 (4th Cir. 2009)).
  • Tang v. Schmoke, No. 1:19-cv-02965 (D. Md. Mar. 3, 2021).
    Dec. 20, 2016) (quoting Hale v. Belton Ass’n, Inc., 305 F. App’x 987, 988 (4th Cir. 2009)).
Show 8 more citing cases
  • Mwabira-Simera v. Morgan State Univ., No. 1:19-cv-03320 (D. Md. Jan. 29, 2021).
    Dec. 20, 2016) (quoting Hale v. Belton Ass’n, Inc., 305 F. App’x 987, 988 (4th Cir. 2009)).
  • Uwasomba v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 1:18-cv-02520 (D. Md. Dec. 18, 2020).
    Dec. 20, 2016) (quoting Hale v. Belton Ass’n, Inc., 305 F. App’x 987, 988 (4th Cir. 2009)).
  • Robertson v. Comptroller of Maryland, No. 1:20-cv-01876 (D. Md. Nov. 16, 2020).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed.
  • Keith Robertson, No. 18-14916 (Bankr. D. Md. Nov. 16, 2020).
    To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed.
  • Johnson v. USA-2255, No. 1:20-cv-00566 (D. Md. Oct. 21, 2020).
    “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances”
  • World Bus. Lenders, LLC v. G7, Medicare & Medicate a/k/a, Centers for Medicare & Medicaid, No. 1:19-cv-01655 (D. Md. Feb. 28, 2020).
    Md. Dec. 20, 2016) (quoting Hale v. Belton Ass’n, Inc., 305 F. App’x 987, 988 (4th Cir. 2009)).
  • United States v. $41,320 U.S. Currency, 9 F. Supp. 3d 582 (D. Md. 2014).published
    Ordinarily, in Rule 60(b) actions, the mov-ant must make a threshold showing of all the following: '‘timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assocs…
  • Almy v. Sebelius, 749 F. Supp. 2d 315 (D. Md. 2010).published
    Rule 60(b) To support a motion under Rule 60(b), the moving party must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Hale v. Belton Assoc., Inc., 305 Fed.Appx. 98…
At page 989 Here, there was no abuse of discretion. Under the cited authorities [including Ackennann], Hale’s negligent failure to not[ic]e a timely appeal from the district court’s final order precluded relief under Rule 60(b1 citing case1 citing court put it this way
  • Inland Concrete Enter., Inc. v. Kraft, 318 F.R.D. 383 (C.D. Cal. 2016).published
    (Here, there was no abuse of discretion. Under the cited authorities [including Ackennann], Hale’s negligent failure to not[ic]e a timely appeal from the district court’s final order precluded relief under Rule 60(b)
Michael J. HALE, D/B/A Data Base Technologies, Plaintiff-Appellant,
v.
BELTON ASSOCIATES, INCORPORATED, Defendant-Appellee
07-1974.
Court of Appeals for the Fourth Circuit.
Jan 9, 2009.
Unpublished opinion
305 F. App'x 987
John P. Forest, II, Stahl, Forest & Zelloe, P.C., Fairfax, Virginia, for Appellant. Aleksander Lamvol, Sheppard, Mullin, Richter & Hampton, LLP, Washington, D.C., for Appellee.
Wilkinson, Niemeyer, Shedd.
Cited by 18 opinions  |  Unpublished
PER CURIAM:

Michael Hale appeals the district court’s order denying relief on his motion filed pursuant to Fed.R.Civ.P. 60(a), (b). Finding no abuse of discretion, we affirm.

Final judgment in this breach of contract case was entered on July 26, 2006. Hale did not appeal. He filed his Rule 60 motion on July 23, 2007 — almost one year later. In the motion, Hale contended that the district court had failed to rule on his claim that he was not given reasonable notice prior to termination of an employment contract. At the hearing on Hale’s motion, the district court inquired why Hale had not appealed following entry of final judgment. Hale’s attorney replied, “[W]e honestly just lost track of that.”

Because the claimed error was not of the sort contemplated by Rule 60(a), see In re: Walter, 282 F.3d 434, 440-41 (6th Cir.2002), Hale’s motion more appropriately falls under Rule 60(b). To support a motion under Rule 60(b), a movant must show “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances.” Dowell v. State Farm Fire & Cas. Auto. Ins. Co., 993 F.2d 46, 48 (4th Cir.1993) (internal quotation marks omitted).

We review the denial of a Rule 60(b) motion for abuse of discretion. MLC Auto. v. Town of S. Pines, 532 F.3d 269, 277 (4th Cir.2008). We do “not review the merits of the underlying order, [but rather] only review the denial of the motion with respect to the grounds set forth in Rule 60(b).” Id. It is well established that “a Rule 60(b) motion seeking relief from a final judgment is not a substitute for a timely and proper appeal.” Dowell, 993 F.2d at 48. Thus, if a Rule 60(b) movant’s failure to appeal is the result of “inexcusable negligence” or “a considered choice” not to appeal, relief under the Rule is unavailable. See Ackermann v. United States, 340 U.S. 193, 198, 202, 71 S.Ct. 209, 95 L.Ed. 207 (1950).

[*989] Here, there was no abuse of discretion. Under the cited authorities, Hale’s negligent failure to note a timely appeal from the district court’s final order precluded relief under Rule 60(b). This case simply does not present exceptional circumstances that would entitle Hale to relief.

Accordingly, we affirm. The request for sanctions under Fed. RApp. P. 38 is denied. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.