R. Dean Harman v. Eva Harper, 7 F.3d 1455 (9th Cir. 1993). · Go Syfert
R. Dean Harman v. Eva Harper, 7 F.3d 1455 (9th Cir. 1993). Cases Citing This Book View Copy Cite
66 citation events (56 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Robert Icho v. Mc Hammer (4×) also: Cited "see"
9th Cir. · 2011 · signal: cf. · quote attribution · 3 verbatim quotes · confidence high
the basic distinction between 'clerical mistakes' and mistakes that cannot be corrected pursuant to rule 60(a) is that the former consist of 'blunders in execution' whereas the latter consist of instances where the court changes its mind
discussed Cited as authority (rule) Keo Ratha v. Rubicon Resources, LLC
9th Cir. · 2026 · confidence medium
Understanding this, we have held that although “[w]e review an appeal from the denial of Rule 60(b) relief for an abuse of discretion in denying the motion; the appeal does not bring the entire underlying judgment up for review.” Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993).
cited Cited as authority (rule) Erickson Productions Inc v. Kraig R Kast
N.D. Cal. · 2025 · confidence medium
A district court “[has] no power to extend the time for filing a Rule 59(e) 26 motion.” Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993) (citation omitted).
discussed Cited as authority (rule) (PC) Beavers v. Hosey
E.D. Cal. · 2025 · confidence medium
P. 6(b)(2); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1 | 1993) (affirming the district court denial of extension to file Rule 59 motion because the court 2 | “had no power to extend the time for filing a Rule 59(e) motion”).
discussed Cited as authority (rule) Impossible Foods Inc. v. Jaddou
N.D. Cal. · 2024 · confidence medium
A district court “[has] no power to extend the time for filing a Rule 59(e) 11 motion.” Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993); Scott v. Younger, 739 F.2d 1464 , 12 1467 (9th Cir. 1984) (“That time period [specified in Rule 59(e)] is jurisdictional and cannot be 13 extended by the court.”); Carter v. United States, 973 F.2d 1479, 1488 (9th Cir. 1992) (“the 14 district court has no discretion to consider a late rule 59(e) motion”); Amerson v. Kindredcare, 15 Inc., 606 Fed.
cited Cited as authority (rule) Tokio Marine Specialty Insurance Company v. Pacific Foundation, Inc.
D. Or. · 2024 · confidence medium
A correction is proper if it "intended to conform the judgment to the original intention of the court." Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir. 1993).
discussed Cited as authority (rule) Dalrymple v. Commissioner of Social Security
S.D. Cal. · 2023 · signal: cf. · confidence medium
Cf Harman v. Harper, 7 F.3d 1455, 1457 (9th 14 || Cir. 1993) (holding that corrections under Rule 60(a) do not affect the time for filing a 15 ||notice of appeal).
discussed Cited as authority (rule) Shaw v. Sherman
S.D. Cal. · 2023 · confidence medium
Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 23 2011) (quoting McDowell v. Calderon, 197 F.3d 1253 , 1255 n. 1 (9th Cir. 1999)). 24 A district court “[has] no power to extend the time for filing a Rule 59(e) motion.” 25 Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993); Scott v. Younger, 739 F.2d 1464 , 26 1467 (9th Cir. 1984) (“That time period [specified in Rule 59(e)] is jurisdictional and 27 1 cannot be extended by the court.”); Carter v. United States, 973 F.2d 1479, 1488 (9th Cir. 2 1992) (“the district court has no discretion to consider a late rule 59(e) motion”); 3 Amers…
cited Cited as authority (rule) Peter Alden v. Aecom Technology Corporation
9th Cir. · 2023 · confidence medium
P. 6(b)(2); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993).
discussed Cited as authority (rule) City of Sacramento v. TEVA Pharmaceutical Industries, Ltd.
E.D. Cal. · 2020 · confidence medium
Turner v. Burlington N. Santa Fe 15 R.R., 338 F.3d 1058, 1063 (9th Cir. 2003); Harman v. Harper, 7 F.3d 1455, 1458 (9th 16 Cir. 1993). 17 Here, the Court granted Plaintiffs’ Ex Parte Application for an Expedited Briefing 18 Schedule based on Plaintiffs’ premise that “[i]f the [multidistrict litigation (“MDL”)] grants 19 a motion to transfer before this Court renders a decision on the remand motion, then 20 Plaintiffs may be stuck in federal court for years before any federal court assesses 21 whether there is subject-matter jurisdiction over Plaintiffs’ claims.” ECF No. 13, at 6.
discussed Cited as authority (rule) John Roettgen v. D. Paramo
9th Cir. · 2020 · confidence medium
App. P. 4(a)(1)(A); 4(a)(4)(A)(vi); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993) (appeal from a denial of a non-tolling Rule 60(b) motion does not bring the entire underlying judgment up for review).
discussed Cited as authority (rule) SEC v. Anthony Brandel
9th Cir. · 2020 · confidence medium
App. P. 4(a)(1)(B); 4(a)(4)(A)(vi); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993) (appeal from denial of Rule 60(b) relief does not bring the entire underlying judgment up for review).
discussed Cited as authority (rule) SEC v. James Warras
9th Cir. · 2020 · confidence medium
App. P. 4(a)(1)(B); 4(a)(4)(A)(vi); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993) (appeal from denial of Rule 60(b) relief does not bring the entire underlying judgment up for review).
cited Cited as authority (rule) Melissa Strafford v. Eli Lilly and Company
9th Cir. · 2020 · confidence medium
See, e.g., Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir. 1989); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993).
cited Cited as authority (rule) Melissia Henson v. Fidelity National Financial
9th Cir. · 2019 · confidence medium
App. P. 4(a)(1)(A); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993).
cited Cited as authority (rule) Ricky Kamden-Ouaffo v. Naturasource International LLC
3rd Cir. · 2017 · confidence medium
However, “[tjhe only issue presented by [appellant’s] appeal from the court’s amending order is the validity of the amendment itself.” Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir. 1993).
discussed Cited as authority (rule) Wolff v. California
C.D. Cal. · 2017 · confidence medium
Cal. Dec. 8, 2015) (60(b) may not be used to bring the underlying judgment up for review) (quoting Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993)), COA denied, No. 16-15331 (9th Cir. Apr. 25, 2016).
discussed Cited as authority (rule) Kevin Perry v. San Diego County
9th Cir. · 2016 · confidence medium
We review for an abuse of discretion both the district court’s denial of leave to file a complaint pursuant to a vexatious litigant order, In re Fillbach, 223 F.3d 1089, 1090-91 (9th Cir. 2000), and the district court’s denial of a Rule 60(b) motion, Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993).
discussed Cited as authority (rule) Inland Concrete Enterprises, Inc. v. Kraft
C.D. Cal. · 2016 · confidence medium
Cal. Dec. 8, 2015) (60(b) may not be used to bring the underlying judgment up for review) (quoting Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993)), COA denied, No. 16-15331 (9th Cir. Apr. 25, 2016).
cited Cited as authority (rule) Pittman v. Siemens Medical Solutions Diagnostics
9th Cir. · 2016 · confidence medium
Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993).
cited Cited as authority (rule) Dejeu v. Washington State Department of Labor & Industries
9th Cir. · 2015 · confidence medium
Harman v. Harper, 7 F.3d 1455,1458 (9th Cir.1993).- We affirm.
discussed Cited as authority (rule) John Garamendi v. Jean-Francois Hennin
9th Cir. · 2012 · confidence medium
Any attempt to appeal the original default judgments would now be untimely: “If the district court properly acted under Rule 60(a), then the correction did not start a new appeal time running.” Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993) (citing cases from the First, Second, Fifth, and Eighth Circuits); see also Rivera v. PNS Stores, Inc., 647 F.3d 188 , 201 n. 55 (5th Cir.2011) (“A district court’s entry of a corrected judgment under Rule 60(a) is itself an appealable order, but the scope of the appeal is limited to the court’s ‘disposition of the Rule 60(a) motion and [doe…
cited Cited as authority (rule) Crane-McNab v. County of Merced
E.D. Cal. · 2011 · confidence medium
Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993).
cited Cited as authority (rule) Azam v. City of Pleasanton
9th Cir. · 2009 · confidence medium
We review for abuse of discretion, Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993), and we affirm.
cited Cited as authority (rule) Azam v. City of Pleasanton
9th Cir. · 2009 · confidence medium
We review for abuse of discretion, Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993), and we affirm.
cited Cited as authority (rule) Eriksen v. Chelan County
9th Cir. · 2007 · confidence medium
We review for abuse of discretion, see Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993), and affirm.
cited Cited as authority (rule) Buel v. City & County of San Francisco
9th Cir. · 2006 · confidence medium
Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993). .
cited Cited as authority (rule) Mitchell v. Davis
navajo · 2004 · confidence medium
E.g., Browder v. Director, Department of Corrections, 434 U.S. 257 , 263 n. 7 (1978); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993).
cited Cited as authority (rule) Glendora v. Anderson
9th Cir. · 2003 · confidence medium
R.Civ.P. 6(a); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993).
discussed Cited as authority (rule) Nicholls v. Buchan
9th Cir. · 2002 · confidence medium
However, we have subsequently held that a modified judgment that benefits the appellant “ ‘cannot possibly subject the entire original judgment to a new opportunity’ for appeal.” Atchison, Topeka & Santa Fe v. Cal. State, 102 F.3d 425 , 427 (9th Cir.1996) (quoting Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993)).
cited Cited as authority (rule) Douglass ex rel. Douglas v. United States Internal Revenue Service
9th Cir. · 2002 · confidence medium
We review for abuse of discretion, Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993), and we affirm.
cited Cited as authority (rule) Kohl v. Las Vegas Metropolitan Police Department
9th Cir. · 2001 · confidence medium
We review for abuse of discretion the district court’s denial of a Fed.R.Civ.P. 60(b) motion, Har-man v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993), and we affirm.
cited Cited as authority (rule) In Re: Transmare, Inc., Debtor, Levern Seal, D/B/A National Liquidators Estate of New Horizons Adoption Agency, Claimant-Appellee v. Neal G. Jensen Joseph Womack, Trustees
9th Cir. · 1998 · confidence medium
But Rule 60(b) "does not bring the entire underlying judgment up for review." Harmon v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993).
discussed Cited as authority (rule) Troy Michael Kell v. Sherman Hatcher the Attorney General of the State of Nevada Franki Sue Del Papa (2×) also: Cited "see"
9th Cir. · 1997 · signal: cf. · confidence medium
Cf. Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993) (finding clerical errors that district court may sua sponte correct under Rule 60(a) to be "blunders in execution" as opposed to mistakes that render underlying judgment inconsistent with court's intentions).
discussed Cited as authority (rule) Atchison, Topeka & Santa Fe Railway Company v. California State Board Of Equalization (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993), cert. denied, 513 U.S. 814 , 115 S.Ct. 68 , 130 L.Ed.2d 24 (1994).
discussed Cited as authority (rule) Atchison, Topeka & Santa Fe Railway Co. v. California State Board of Equalization (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993), cert. denied, — U.S. -, 115 S.Ct. 68 , 130 L.Ed.2d 24 (1994).
discussed Cited "see" In re: Armida Castaneda Ramirez
9th Cir. BAP · 2025 · signal: see · confidence high
See Garamendi v. Henin, 683 F.3d 1069, 1081 (9th Cir. 2012) (“If the district court properly acted under [Civil] Rule 60(a), then the correction did not start a new appeal time running.” (quoting Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir. 1993))). 14 clarify its decision, or describe the necessary implications of its rulings depends on what it originally intended to do.
discussed Cited "see" Terrance Walker v. Intelli-Heart Services, Inc.
9th Cir. · 2023 · signal: see · confidence high
See Harman v. Harper, 7 F.3d 1455 , 1457–58 (9th Cir. 1993). 2 See Henson v. Fidelity Nat’l Fin., Inc., 943 F.3d 434 , 443 (9th Cir. 2019); United States v. Hinkson, 585 F.3d 1247 , 1261–63 (9th Cir. 2009) (en banc). 3 Strategic Lawsuit Against Public Participation, Nev.
discussed Cited "see" Gilbert MH LLC v. Gilbert Family Hospital LLC
D. Ariz. · 2021 · signal: see · confidence high
See Harman 28 v. Harper, 7 F.3d 1455, 1457 (9th Cir. 1993). 1 Inc., 396 P.3d at 606 (holding that the Court’s finding that defendant may be the 2 prevailing party after its settlement offer did not upset the trial court’s determination that 3 plaintiff was the prevailing party until that point).
discussed Cited "see" Lezlie J. Gunn v. Christine E. Drage
D. Nev. · 2020 · signal: see · confidence high
P. 6(b)(2) (“A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), 27 (d), and (e), and 60(b).”); see Harman v. Harper, 7 F.3d 1455 (9th Cir. 1993). 28 1 The judgment that defendant seeks to reconsider was filed April 10, 2020.
cited Cited "see" Nathan Guerriero v. Brian Hadley
9th Cir. · 2016 · signal: see · confidence high
See Harman v. Harper, 7 F.3d 1455, 1457-58 (9th Cir. 1993); Mt.
discussed Cited "see" Farrow v. J. CREW GROUP INC.
D.C. · 2011 · signal: accord · confidence high
Id.; accord Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993) (citing Robi v. Five Platters, Inc., 918 F.2d 1439, 1445 (9th Cir.1990) (other citations omitted)); 11 see also Tolson v. District of Columbia, 860 A.2d 336, 341 (D.C.2004) (noting that the court has authority to vacate a judgment to correct clerical errors). 12 It is clear from the *35 judgment and order that the case was finally and adversely decided against Farrow and in favor of the only remaining defendant. 13 Second, Farrow argues that the judgment is not final because it is not set forth in a separate document as required by…
discussed Cited "see" McCarty v. Astrue
N.D. Cal. · 2007 · signal: see · confidence high
See Harman v. Harper, 7 F.3d 1455, 1457 (9th Cir.1993) (citing Robi v. Five Platters, Inc., 918 F.2d 1439, 1445 (9th Cir.1990) (“A district court judge may properly invoke Rule 60(a) to make a judgment reflect the actual intentions and necessary implications of the court’s decision.”)).
discussed Cited "see" Casares v. Antonovich
9th Cir. · 2004 · signal: see · confidence high
See Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993) (“The district court ... had no power to extend the time for filing a Rule 59(e) motion.”); see also Hertz Corp. v. Alamo Rentr-A-Car, Inc., 16 F.3d 1126 , 1129 (11th Cir.1994).
discussed Cited "see" Wolde-Giorgis v. Schrader
9th Cir. · 1998 · signal: see · confidence high
See Jesinger, 24 F.3d at 1130 . 4 The district did not abuse its discretion by denying Giorgis's motion to amend judgment pursuant to Federal Rule of Civil Procedure 59(e) because it was untimely, see Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993), or by denying Giorgis's motion for new trial because it did not contain newly discovered evidence which by reasonable diligence was not discoverable at the time of judgment.
Retrieving the full opinion text from the archive…
R. Dean HARMAN, Plaintiff-Appellee,
v.
Eva HARPER, Defendant-Appellant
James F. Matthews, Matthews, Boehm & Hammon, San Jose, CA, for defendant-appellant., Diana E. Hoffman, John Kazubowski, Hoffman & Kazubowski, San Jose, CA, for plaintiff-appellee.
Canby, Hug, Schroeder.
Cited by 51 opinions  |  Published
CANBY, Circuit Judge:

Defendant Eva Harper appeals an order of the district court correcting an earlier judgment and denying Rule 60(b) relief from that judgment. Insofar as Harper’s appeal challenges the earlier judgment, entered after remand from this court, we dismiss the appeal. To the extent that the judgment challenges the denial of Rule 60(b) relief, we affirm.

FACTS

This action was originally brought by Dean and Lynn Harman against Eva and Brainard Harper, and Harper Realty, Inc. The complaint alleged violations of state and federal securities laws, as well as state-law torts of fraud and misrepresentation. After a bench trial, the district court awarded plaintiffs judgment for compensatory and punitive damages on several counts, along with attorneys’ fees. On appeal, we affirmed in part, reversed in part, and remanded for a recalculation of damages. Harman v. Harper, 914 F.2d 262 (9th Cir.1990) (amended memorandum). The only claims that survived for purposes of remand were state-law claims against Eva Harper.

On remand, the district court recalculated damages and entered judgment against Eva Harper on February 27,1992. On March 16, 1992, Eva Harper filed a Rule 59(e) motion for new trial or amendment of judgment. That motion was filed four days after the expiration of the ten-day period specified by Rule 59 for the filing of such a motion; the district court denied it as untimely. No notice of appeal had been filed at that time, nor was any notice filed within the time permitted for appeal from the judgment entered on February 27, 1992.

On May 18, 1992, Eva Harper filed a motion under Rule 60(b) seeking the same relief sought in her untimely Rule 59(e) motion. Her counsel argued that he should be forgiven his untimeliness in bringing the prior motion because of the death of his father-in-law. The district court denied relief, stating that it had no power to extend the 10-day period for bringing a Rule 59(e) motion, and that it would not permit a Rule 60(b) motion to be used to revive or do service for a Rule 59(e) motion.

On its own motion, however, the district court ordered its earlier judgment to be corrected. The court stated that, “due to an oversight on the part of the Court,” the punitive damage award to one of the plaintiffs had not been reduced to reflect a reduction in the compensatory damages on remand. The court, stating that it acted to correct an oversight pursuant to Rule 60(a), ordered the clerk to correct the earlier judgment by reducing an award of $100,000 punitive damages to $63,221.82, thereby maintaining proportionality between the compensatory and punitive awards.

On June 17, 1992, Eva Harper filed a notice of appeal from “the final judgment entered” on May 18, 1992, [1] and from the denial of Rule 60(b) relief on that same date.

The Harmans moved to dismiss the appeal as untimely. A motions panel referred that motion to this panel, and briefing on the[*1457] merits was completed. Eva Harper has filed briefs challenging the award of damages against her on remand; she contends that the merits of the entire judgment are properly appealable pursuant to her notice of appeal of June 17, 1992. We disagree.

APPEAL FROM THE JUDGMENT

The district court stated that it was correcting its judgment pursuant to Fed. R.Civ.P. 60(a). So long as the court’s correction was intended to conform the judgment to the original intention of the court, the invocation of Rule 60(a) was proper. See Robi v. Five Platters, Inc., 918 F.2d 1439, 1445 (9th Cir.1990) (court may amend order canceling trademark to add two additional trademarks; “[a] district court judge may properly invoke Rule 60(a) to make a judgment reflect the actual intentions and necessary implications of the court’s decision.”); Jones & Guerrero Co., Inc. v. Sealift Pacific, 650 F.2d 1072 (9th Cir.1981) (district court properly invoked Rule 60(a) to amend order dismissing case against Guerrero since it never intended to do so; Rule 60(b) inapplicable). See also Blanton v. Anzalone, 813 F.2d 1574, 1577 n. 3 (9th Cir.1987) (invoking Rule 60(a) to delete an award of prejudgment interest):

The basic distinction between ‘clerical mistakes’ and mistakes that cannot be corrected pursuant to Rule 60(a) is that the former consist of ‘blunders in execution’ whereas the latter consist of instances where the court changes its mind....

Harper contends that the court’s modification went beyond the mere correction of a ministerial mistake, and consequently cannot be a Rule 60(a) correction. We need not decide that question, however, for Harper’s appeal must fail either way. If the district court properly acted under Rule 60(a), then the correction did not start a new appeal time running. See In re Cobb, 750 F.2d 477, 479 (5th Cir.1985) (“Corrections under Rule 60(a) do not affect the underlying judgment, and, consistent therewith, do not affect the time for filing a notice of appeal”) (citation omitted); see also International Controls Corp. v. Vesco, 556 F.2d 665, 670 (2d Cir.1977), cert. denied, 434 U.S. 1014, 98 S.Ct. 730, 54 L.Ed.2d 758 (1978) (same); United States v. 1,431.80 Acres of Land, 466 F.2d 820, 822 (8th Cir.1972) (same); Scola v. Boat Frances, R., Inc., 618 F.2d 147, 152 n. 2 (1st Cir.1980) (same). The time for Harper to appeal the original remand judgment therefore expired 30 days after entry of the original remand judgment on February 27, 1992. Fed.R.App.P. 4(a)(1). Harper’s appeal of the original remand judgment is therefore untimely.

If, on the other hand, the district court’s modification of the original remand judgment went beyond the limits of Rule 60(a), it would amount to a grant of Rule 60(b) relief. See Waggoner v. R. McGray, Inc., 743 F.2d 643, 645 (9th Cir.1984) (“error regarding the legal effect of [stipulated judgment] was one of law and therefore [could] be corrected only under Rule 60(b)”). In that event, Harper is no better off. The only modification that the district court made to its earlier judgment was favorable to Harper; it reduced the punitive damages award against her. That amendment cannot possibly subject the entire original judgment to a new opportunity for Harper to appeal.

[Statutes that limit appellate jurisdiction to review within a prescribed period] are not to be applied so as to permit a tolling of their time limitations because some event occurred in the lower court after judgment was rendered which is of no import to the matters to be dealt with on review.

Federal Trade Comm’n v. Minneapolis-Honeywell Co., 344 U.S. 206, 213, 73 S.Ct. 245, 249-50, 97 L.Ed. 245 (1952) (emphasis added); see also Buggs v. Elgin, Joliet & Eastern Ry. Co., 852 F.2d 318, 323 (7th Cir.1988) (Rule 60(b) amendment does not open original judgment to new appeal when the amendment creates no new incentive to appeal original judgment). The only issue presented by Harper’s appeal from the court’s amending order is the validity of the amendment itself. See Buggs, 852 F.2d at 323.

Harper does not attack, of course, the district court’s exercise of discretion in correcting the judgment to Hkrper’s advantage. Instead, she attempts to attack the underly[*1458] ing judgment, which is not the subject of this appeal from the grant of Rule 60(b) relief.

Harper’s attempt to appeal the underlying remand judgment accordingly fails, whether the district court modified its judgment pursuant to Rule 60(a) or Rule 60(b). Insofar as her appeal attacks the underlying judgment, it is dismissed.

APPEAL FROM DENIAL OF RULE 60(b) RELIEF

Harper’s notice of appeal indicated that she appealed in part from the denial of her motion for Rule 60(b) relief. We review an appeal from the denial of Rule 60(b) relief for an abuse of discretion in denying the motion; the appeal does not bring the entire underlying judgment up for review. Browder v. Director, Dept. of Corrections, 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 560 n. 7, 54 L.Ed.2d 521 (1978); Fiester v. Turner, 783 F.2d 1474, 1476 (9th Cir.1986).

Harper’s motion in the district court asked that she be relieved from the consequences of the late filing of her Rule 59(e) motion. The district court denied relief on the ground, among others, that it had no power to extend the time limit for filing a Rule 59(e) motion.

Harper has apparently abandoned her appeal of the denial of Rule 60(b) relief, because she has not briefed the issue; she only challenges the underlying judgment. In any event, the district court was correct; it had no power to extend the time for filing a Rule 59(e) motion. Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984). The district court certainly did not abuse its discretion in denying the requested relief.

CONCLUSION

Harper’s appeal of the underlying judgment is dismissed for lack of jurisdiction. The district court’s order amending the remand judgment and denying Harper’s motion for Rule 60(b) relief is affirmed. Costs in favor of appellee.

DISMISSED IN PART; AFFIRMED IN PART.

1

. In fact, no corrected judgment had been entered; only the court’s correction order had been filed. That fact does not affect the validity of this appeal, however. "[A]n order amending a final judgment is an appealable final order....” Bank of California v. Arthur Andersen & Co., 709 F.2d 1174, 1176 (7th Cir.1983); see also Shay v. Agricultural Stabilization and Conservation State Committee for Arizona, 299 F.2d 516, 524 (9th Cir.1962) (order denying Rule 60(b) motion is appealable).