Sur. Ins. Co. of California v. Lee Williams & Betty Williams, 729 F.2d 581 (8th Cir. 1984). · Go Syfert
Sur. Ins. Co. of California v. Lee Williams & Betty Williams, 729 F.2d 581 (8th Cir. 1984). Cases Citing This Book View Copy Cite
88 citation events (41 in the last 25 years) across 25 distinct courts.
Strongest positive: Bledsaw v. Jefferson County Public Schools (kywd, 2025-06-06)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Bledsaw v. Jefferson County Public Schools
W.D. Ky. · 2025 · confidence medium
Co. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984).
cited Cited as authority (rule) Aliyah Harmon v. Bmw of North America, LLC
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984)).
cited Cited as authority (rule) LEE v. DONALD NUCKEL & CO., INC.
D.N.J. · 2023 · confidence medium
Co. of Cal, v. Williams, 729 F.2d 581, 583 (8th Cir, 1984)).
cited Cited as authority (rule) Derby v. Wiskus
E.D. Mo. · 2023 · confidence medium
Co. v. Williams, 729 F.2d 581, 582 (8th Cir. 1984).
discussed Cited as authority (rule) Takuanyi v. City of South St. Paul Police Department
D. Minnesota · 2022 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984).3 “Express authority ‘can be created by written or spoken words or the conduct of the principal which, reasonably interpreted, causes an agent to believe that the principal desires him [or her] to act in a particular manner on the principal’s account.’” Harris, 437 F.3d at 751 (alteration in original) (quoting Turner, 771 F.2d at 345 ). 3 There is some ambiguity as to exactly what type of authority Takuanyi must show did not exist.
cited Cited as authority (rule) IN THE MATTER OF THOMAS VALENTE, ETC. (NEW JERSEY CIVIL SERVICE COMMISSION)
N.J. Super. Ct. App. Div. · 2022 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984)).
cited Cited as authority (rule) Budco Financial Services, LLC v. VSC Now LLC
E.D. Mo. · 2022 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582 (8th Cir. 1984)).
cited Cited as authority (rule) YOLANDA MEDRANO V. ROBERT C. RUGELIS (L-3875-18, HUDSON COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
Co. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984)).
cited Cited as authority (rule) Greco D.O. v. Matthew Todd Ahern DO
S.D. Cal. · 2021 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582 (8th Cir. 6 1984); Harrop v. W.
cited Cited as authority (rule) IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF JOHN J. McLAUGHLIN, ETC. (12-000298, SOMERSET COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582 (8th Cir. 1984)).
discussed Cited as authority (rule) Nissen v. United States
D.N.M. · 2021 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir. 1984), which held that a “judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”).
cited Cited as authority (rule) AGIP U.S.A., INC. VS. THE PULLMAN COMPANY (L-3530-10, UNION COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984)).
cited Cited as authority (rule) Gomez v. City of New York
2d Cir. · 2015 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984); Assocs.
cited Cited as authority (rule) Gomez v. City of New York
2d Cir. · 2015 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir.1984); Assocs.
discussed Cited as authority (rule) Lujan v. City of Santa Fe
D.N.M. · 2015 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984), which held that a "judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”).
discussed Cited as authority (rule) Anderson Living Trust v. WPX Energy Production, LLC
D.N.M. · 2015 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984), which held that a "judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entiy”).
discussed Cited as authority (rule) Pedroza v. Lomas Auto Mall, Inc.
D.N.M. · 2014 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984), which held that a "judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”).
discussed Cited as authority (rule) Jarita Mesa Livestock Grazing Ass'n v. United States Forest Service
D.N.M. · 2014 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984), which held that a "judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”).
discussed Cited as authority (rule) Alexan v. Burke (2×) also: Cited "see"
N.D. Ill. · 2014 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir.1984).
discussed Cited as authority (rule) Macias v. New Mexico Department of Labor
D.N.M. · 2014 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984), which held that a "judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”).
discussed Cited as authority (rule) Federated Towing & Recovery, LLC v. Praetorian Insurance
D.N.M. · 2012 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir. 1984), which held that a “judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”).
cited Cited as authority (rule) Zogheib v. Coast Hotels & Casinos, Inc.
9th Cir. · 2009 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir.1984); Harrop v. W.
cited Cited as authority (rule) Zogheib v. Coast Hotels & Casinos, Inc.
9th Cir. · 2009 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir.1984); Harrop v. W.
discussed Cited as authority (rule) United States v. United States Currency in Sum of Six Hundred Sixty Thousand, Two Hundred Dollars ($660,200.00)
E.D.N.Y · 2006 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir.1984) (holding that defendants “carry a heavy burden to establish that their attorney act *21 ed without any kind of authority ... [and] in meeting that burden [they] may not rely on [ ] conclusory affidavits], but must establish through competent evidence that their attorney lacked actual, implied, or apparent authority....”)).
cited Cited as authority (rule) Linda Harris v. Arkansas State Highway and Transportation Department
8th Cir. · 2006 · confidence medium
Co. v. Williams, 729 F.2d 581, 583 (8th Cir.1984), and more recently that an attorney must have been given “express” authority to enter into it, Turner v. Burlington N. R.R.
cited Cited as authority (rule) Linda Harris v. AR State Highway
8th Cir. · 2006 · confidence medium
Co. v. -3- Williams, 729 F.2d 581, 583 (8th Cir. 1984), and more recently that an attorney must have been given “express” authority to enter into it, Turner v. Burlington N. R.R.
discussed Cited as authority (rule) Jennings v. Reed
N.J. Super. Ct. App. Div. · 2005 · confidence medium
Co. of Cal. v. Williams, 729 F. 2d 581, 582-83 (8th Cir.1984); Bernstein & Loubet, supra, 118 N.J.L. at 205 , 191 A. 733 , and the party asserting the lack of authority must sustain "a heavy burden to establish that [her] attorney acted without any kind of authority in agreeing to the entry of judgment in the trial court," Sur.
cited Cited as authority (rule) Fasavalu ex rel. Estate of Jenkins v. LBJ Tropical Medical Center
amsamoa · 2005 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984).
discussed Cited as authority (rule) Farris v. JC Penney Co Inc
3rd Cir. · 1999 · confidence medium
Such a settlement, once entered, may be set aside only if the client produces "proof that the attorney had no right to consent to its entry." 9 Id. at 389 (quoting Surety Insurance Co. of California v. Williams, 729 F.2d 581, 582-83 (8th Cir. 1984).
discussed Cited as authority (rule) Margaret Farris Charles Farris, H/w v. Jc Penney Company, Inc (2×)
3rd Cir. · 1999 · confidence medium
Such a settlement, once entered, may be set aside only if the client produces “proof that the attorney had no right to consent to its entry.” Id. at 389 (quoting Surety Insurance Co. of California v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984)).
cited Cited as authority (rule) Koval v. SIMON TELELECT. INC.
Ind. · 1998 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984).
discussed Cited as authority (rule) No. 97-6015
10th Cir. · 1997 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582 (8th Cir.1984). 9 Having reviewed carefully the briefs and the record, we conclude the court was not powerless to enter the forfeiture judgment against Mr. Madden.
cited Cited as authority (rule) United States v. Madden
10th Cir. · 1997 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582 (8th Cir. 1984).
discussed Cited as authority (rule) Cashner v. Freedom Stores, Inc.
10th Cir. · 1996 · confidence medium
Co. of Calif. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984) (“[A] judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no right to consent to its entry”) (internal quotation marks omitted).
cited Cited as authority (rule) International Longshoremen's Ass'n, Local Union 1332 v. International Longshoremen's Ass'n
E.D. Pa. · 1996 · confidence medium
Co. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984)).
cited Cited as authority (rule) INTERN. LONGSHORE. UN. 1332 v. Intern. Longshore.
E.D. Pa. · 1996 · confidence medium
Co. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984)).
cited Cited as authority (rule) Betty Jane Stewart v. M.D.F., Inc.
8th Cir. · 1996 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582-583 (8th Cir. 1984).
cited Cited as authority (rule) Betty Jane Stewart, Appellant/cross-Appellee v. M.D.F., Inc., Appellee/cross-Appellant
8th Cir. · 1996 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582-583 (8th Cir.1984).
discussed Cited as authority (rule) McEnany v. West Delaware County Community School District (2×)
N.D. Iowa · 1994 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984)).
cited Cited as authority (rule) Schueler v. Roman Asphalt Corp.
S.D.N.Y. · 1993 · confidence medium
Co. v. Williams, 729 F.2d 581, 582-83 (8th Cir.1984).
cited Cited as authority (rule) McKenna v. Pacific Rail Service
D.N.J. · 1993 · confidence medium
The express authority can be “actual, implied, or apparent authority to consent to the judgment.” Surety Insurance Company of California v. Williams, 729 F.2d 581, 583 (8th Cir.1984).
cited Cited as authority (rule) United States v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America
2d Cir. · 1993 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir. 1984); Gilbert v. United States, 479 F.2d 1267, 1268-69 (2d Cir.1973).
cited Cited as authority (rule) United States v. International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America, Afl-Cio
1st Cir. · 1993 · confidence medium
Co. of Cal. v. Williams, 729 F.2d 581, 583 (8th Cir.1984); Gilbert v. United States, 479 F.2d 1267, 1268-69 (2d Cir.1973).
cited Cited as authority (rule) Larson v. Heritage Square Associates
8th Cir. · 1992 · confidence medium
Co. v. Williams, 729 F.2d 581, 582 (8th Cir.1984)).
cited Cited as authority (rule) Larson v. Heritage Square Associates
8th Cir. · 1992 · confidence medium
Co. v. Williams, 729 F.2d 581, 582 (8th Cir.1984)).
cited Cited as authority (rule) Mitchell ex rel. R. Cacho & Co. v. Hobbs
1st Cir. · 1991 · confidence medium
Co. v. Williams, 729 F.2d 581, 582 (8th Cir.1984); Bradford Exchange v. Trein’s Exchange, 600 F.2d 99, 100-01 (7th Cir.1979).
cited Cited as authority (rule) Mitchell v. Hobbs
1st Cir. · 1991 · confidence medium
Co. v. Williams, 729 F.2d 581, 582 (8th Cir.1984); Bradford Exchange v. Trein's Exchange, 600 F.2d 99, 100-01 (7th Cir.1979).
discussed Cited as authority (rule) Greater Kansas City Laborers Pension Fund v. Paramount Industries, Inc. (2×)
8th Cir. · 1987 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582 (8th Cir.1984), this court held that the defendants’ claim that their attorney lacked authority to agree to a settlement agreement, though conclusory in nature, was sufficient to state a ground for relief under Rule 60(b).
discussed Cited as authority (rule) Greater Kansas City Laborers Pension Fund v. Paramount Industries, Inc. (2×)
8th Cir. · 1987 · confidence medium
Co. of California v. Williams, 729 F.2d 581, 582 (8th Cir.1984), this court held that the defendants' claim that their attorney lacked authority to agree to a settlement agreement, though conclusory in nature, was sufficient to state a ground for relief under Rule 60(b).
discussed Cited as authority (rule) Edwards v. Born, Inc.
D.V.I. · 1986 · confidence medium
Public policy, however, strongly favors settlement and one “may be set aside only if the client produces ‘proof that the attorney had no right to consent to its entry.’” Edwards, 792 F.2d at 390 quoting Surety Insurance Co. of California v. Williams, 729 F.2d 581, 582-83 (8th Cir. 1984).
Retrieving the full opinion text from the archive…
SURETY INSURANCE COMPANY OF CALIFORNIA, Appellee,
v.
Lee WILLIAMS and Betty Williams, Appellants
83-1509.
Court of Appeals for the Eighth Circuit.
Mar 16, 1984.
729 F.2d 581
Michael D. Clark, Clark & Clark, Ardmore, Okl., for appellants., Rex M. Terry, Hardin, Jesson & Dawson, Fort Smith, Ark., for appellee.
Bright, McMillian, Arnold.
Cited by 63 opinions  |  Published

ORDER OF REMAND

Appellants Lee and Betty Williams appeal from the district court’s [1] order denying their motion to vacate an adverse judgment which the district court entered pursuant to a settlement agreement. The Williamses contend that the judgment should have been set aside under rule 60(b) of the Federal Rules of Civil Procedure because their attorney lacked authority to agree to the settlement. We vacate the district court’s order denying the rule 60(b) motion and remand this case to the district court for further proceedings.

We briefly review the underlying facts and proceedings in this case. Surety Insurance Company (Surety) filed a lawsuit against the Williamses alleging fraud and breach of contract. In an amended complaint, Surety named appellee United People’s Savings & Loan Association (United People’s) as an additional defendant. Prior to trial, counsel for all the parties agreed to settle the case. Under the terms of the settlement, Surety would take judgment against the Williamses for $109,859.94 and against the United People’s for $10,000, subject to Surety releasing any lien claims against certain real property held by United People’s. On December 21, 1982, the district court entered a judgment in accordance with the settlement agreement. [2]

On February 14, 1983, the Williamses filed a motion under rule 60(b) to vacate the court’s judgment. In a conclusory affidavit, the Williamses asserted that they were unaware that the district court was to enter a judgment against them for $109,-859.94, and that their attorney had acted contrary to their specific instructions in agreeing to such a judgment. [3] Without conducting a hearing, the district court denied the motion on the ground that it failed to state sufficient grounds for relief.

The Williamses’ claim that their attorney lacked authority to agree to the settlement, though conclusory in nature, does state a ground for relief under rule 60(b). See Smith v. Widman Trucking & Excavating, Inc., 627 F.2d 792, 796 (7th Cir.1980); Associates Discount Corp. v. Goldman, 524 F.2d 1051, 1053-54 (3d Cir.1975). Although an attorney is presumed to possess authority to act on behalf of the client, “a judgment entered upon an agreement by the attorney may be set aside on affirmative proof that the attorney had no[*583] right to consent to its entry.” Bradford Exchange v. Trein’s Exchange, 600 F.2d 99, 102 (7th Cir.1979) (per curiam); see also Thomas v. Colorado Trust Deed Funds, Inc., 366 F.2d 136, 139 (10th Cir.1966). Because the motion to vacate the judgment stated a claim cognizable under rule 60(b), the district court abused its discretion in summarily denying the motion without any type of evidentiary hearing. See Associates Discount Corp. v. Goldman, supra, 524 F.2d at 1054; cf. Clarke v. Burkle, 570 F.2d 824, 832 (8th Cir.1978).

Accordingly, we vacate the district court’s order denying the motion and remand this case for an evidentiary hearing to determine whether or not the Williams-es’ attorney possessed actual, implied, or apparent authority to consent to the judgment. We note that in entering the judgment, the district court made findings of fact based upon the proceedings and the record. Thus, to prevail on their motion to vacate the judgment, the Williamses carry a heavy burden to establish that their attorney acted without any kind of authority in agreeing to the entry of judgment in the trial court. We think that in meeting that burden the Williamses may not rely on their conclusory affidavit, but must establish through competent evidence that their attorney lacked actual, implied, or apparent authority to stipulate to an entry of judgment.

Thus, we vacate the order denying relief to the Williamses without prejudice and remand this case to the district court for an evidentiary hearing and for the entry of an order that may be appropriate under the circumstances. Of course, we intimate no view as to the merits of the Williamses’ claim.

1

. The Honorable Elsijane T. Roy, United States District Judge for the Western District of Arkansas.

2

. In its entry of judgment, the district court stated that when United People’s met its obligation to Surety, Surety would have a continuing judgment against the Williamses for $99,859.94 plus interest. On January 5, 1983, United Peopie’s met its obligation to Surety, and a partial satisfaction of judgment was entered.

3

. The attorney who represented the Williamses in the settlement negotiations did not submit an affidavit attesting that he lacked authority to consent to a settlement.