Joan Cline v. Sheriff Ted Hoogland & His Wife, Gertrude Hoogland, 518 F.2d 776 (8th Cir. 1975). · Go Syfert
Joan Cline v. Sheriff Ted Hoogland & His Wife, Gertrude Hoogland, 518 F.2d 776 (8th Cir. 1975). Cases Citing This Book View Copy Cite
“ignorance or carelessness of an attorney is not generally cognizable under rule 60(b)(1).”
65 citation events (9 in the last 25 years) across 30 distinct courts.
Strongest positive: Langston v. Exterior Pro Solutions, Inc. (delsuperct, 2020-04-22) · Strongest negative: Manning Engineering, Inc. v. Hudson County Park Commission (nj, 1977-07-26)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
cited Cited "but see" Manning Engineering, Inc. v. Hudson County Park Commission
N.J. · 1977 · signal: but see · confidence high
But see Cline v. Hoogland, 518 F. 2d 776, 778 (8 Cir. 1975).
discussed Cited as authority (verbatim quote) Langston v. Exterior Pro Solutions, Inc.
Del. Super. Ct. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ignorance or carelessness of an attorney is not generally cognizable under rule 60(b)(1).
discussed Cited as authority (rule) S&B Ventures, LLC v. Blackboard Insurance Company
W.D. Mo. · 2023 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975) (citing Hoffman v. Celebrezze, 405 F.2d 833, 835 (8th Cir. 1969); United States v. Thompson, 438 F.2d 254, 256 (8th Cir. 1971)).
cited Cited as authority (rule) Kinnison v. Kijakazi
W.D. Mo. · 2021 · confidence medium
P. 60(b).” Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
cited Cited as authority (rule) Caldwell v. Arlo G. Lott Trucking
D.N.D. · 2021 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
cited Cited as authority (rule) Painters District Council No. 2 v. Anthony's Painting, LLC
8th Cir. · 2012 · confidence medium
“Ignorance or carelessness of an attorney is generally not cognizable under Fed.R.Civ.P. 60(b).” Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
cited Cited as authority (rule) Terry L. Jones v. United States
8th Cir. · 2001 · confidence medium
Cline v. Hoog-land, 518 F.2d 776, 778 (8th Cir.1975).
cited Cited as authority (rule) Terry L. Jones v. United States
8th Cir. · 2001 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
discussed Cited as authority (rule) Bright v. Norshipco
E.D. Va. · 1998 · confidence medium
The Supreme Court has stated that ‘keeping [a] suit alive merely because Plaintiff should not be penalized for the omissions of his own attorney would be visiting the sins of Plaintiffs lawyer upon the Defendant.’” Lloyd v. Carnation Co., 101 F.R.D. 346, 348 (M.D.N.C.1984) (citing Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975); Link v. Wabash R.R.
discussed Cited as authority (rule) Chu Tai v. City of Boston
Mass. App. Ct. · 1998 · confidence medium
The party seeking the relief bears the burden of justifying failure to avoid the mistake or inadvertence.” (Citations omitted.) See Scannell v. Ed. Ferreirinha & Irmao, Lda., 401 Mass. 155, 158 (1987); Pasquale v. Finch, 418 F.2d 627, 630 (1st Cir. 1969); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
cited Cited as authority (rule) Kraig M. Lager v. Paul D. Caspari Larry Bogan W.E. Jackson, Capt. Donna Kay Brown Margaret Puff Sue Brinkman Attorney General Henry Cox
8th Cir. · 1994 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
discussed Cited as authority (rule) Stanley Robinson v. Bill Armontrout
8th Cir. · 1993 · confidence medium
We also agree with the district court that even if Robinson had complied with Rule 60(b)’s time constraints, he would not have had a valid claim, for this court has held that “[ijgnorance or carelessness of an attorney is generally not cognizable under Fed.R.Civ.P. 60(b).” Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
discussed Cited as authority (rule) Oden v. Morgan County Board of Education
Ala. · 1992 · confidence medium
Nothing in such a claim indicates that the attorney’s failure to appear ‘ “was other than deliberate or the product of neglect,” ’ United States v. Cirami, 563 F.2d at 34 (quoting Link v. Wabash Railroad Co., 370 U.S. 626 , 82 S.Ct. 1386 , 8 L.Ed.2d 734 (1962)); or ‘the result of his having taken on too may cases to give proper attention [to the one at hand],’ id. (citing Schwarz v. United States, 384 F.2d 833, 836 (2d Cir.1967); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975)).
cited Cited as authority (rule) Terry Wayne Sanders v. Clemco Industries and Ingersoll-Rand Company
8th Cir. · 1988 · confidence medium
Fox v. Brewer, 620 F.2d 177, 179 (8th Cir. 1980); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
discussed Cited as authority (rule) Jefferson v. Pneumo Services Corp.
Tenn. Ct. App. · 1985 · confidence medium
Chick Kam Choo v. Exxon Corp., 699 F.2d 693, 695 (5th Cir.), cert. denied, 464 U.S. 826 , 104 S.Ct. 98 , 78 L.Ed.2d 103 (1983); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975); and Edwards v. Velvac, Inc., 19 F.R.D. 504, 507 (E.D.Wis.1956), cert. denied, 354 U.S. 942 , 77 S.Ct. 1397 , 1 L.Ed.2d 1537 (1957).
cited Cited as authority (rule) Smith v. Bounds
E.D.N.C. · 1985 · confidence medium
United States v. Cirami, 535 F.2d 736, 739 (2d Cir.1976); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975); Wood v. Kling, 98 F.R.D. 319 (E.D.Va. 1983).
cited Cited as authority (rule) United States v. James Raymond Whitford
8th Cir. · 1985 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
discussed Cited as authority (rule) Lloyd v. Carnation Co. (2×) also: Cited "see"
M.D.N.C. · 1984 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
cited Cited as authority (rule) Melvin Sutherland v. Itt Continental Baking Co., Inc.
8th Cir. · 1983 · confidence medium
Browder, 434 U.S. at 263 n. 7, 98 S.Ct. at 560 n. 7; Fox v. Brewer, 620 F.2d 177, 179-80 (8th Cir.1980); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
cited Cited as authority (rule) Alling v. American Tool & Grinding Co.
D. Colo. · 1982 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1976) (collecting Eighth Circuit cases) (‘Ignorance or carelessness of an attorney is generally not cognizable under Fed.R.Civ.P. 60(b);).
discussed Cited as authority (rule) Knox v. Lichtenstein
8th Cir. · 1981 · signal: cf. · confidence medium
Cf. Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975) (where court held that ignorance or carelessness of an attorney is not generally cognizable under Fed.R.Civ.P. 60(b)).
discussed Cited as authority (rule) Knox v. Lichtenstein
8th Cir. · 1981 · signal: cf. · confidence medium
Cf. Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975) (where court held that ignorance or carelessness of an attorney is not generally cognizable under Fed.R.Civ.P. 60(b)).
discussed Cited as authority (rule) Seelye Craftsman Co. v. Ohlhauser
D. Minnesota · 1981 · confidence medium
It is well settled in this circuit that “ignorance or carelessness of an attorney is generally not cognizable under Rule 60(b).” Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975), citing United States v. Thompson, 438 F.2d 254, 256 (8th Cir. 1971), and Hoffman v. Celebrezze, 405 F.2d at 835 .
examined Cited as authority (rule) Robert H. Fox and Kathlene Fox v. Bill Brewer, Ranger Insurance Co., (Garnishee) (3×) also: Cited "see"
8th Cir. · 1980 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975); Conerly v. Flower, 410 F.2d 941, 943-44 (8th Cir.1969).
cited Cited as authority (rule) Murphy v. ADMINISTRATOR OF THE DIV OF PERSONNEL ADMIN.
Mass. · 1979 · confidence medium
Targosz & Co., 560 F.2d 805, 809 (7th Cir.1977); Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
cited Cited as authority (rule) Murphy v. Administrator of the Division of Personnel Administration
Mass. · 1979 · confidence medium
Targosz & Co., 560 F.2d 805, 809 (7th Cir. 1977); Cline v. Hoogland, 518 F.2d 776,778 (8th Cir. 1975).
discussed Cited as authority (rule) William Clarke, Jr., by and Through William Clarke, Sr., His Father and Next Friend v. George A. Burkle, William Clarke, Jr., by and Through John T. Carpenter, His Attorney and Next Friend v. Volkswagen of America
8th Cir. · 1978 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975); United States v. Thompson, 438 F.2d 254, 256 (8th Cir. 1971); Hoffman v. Celebrezze, supra. Aside from that, the district court held that relief could not be granted upon Ground (1) of the Rule because the motion was not filed within one year after the entry of the judgment. 49 As to the claim of plaintiff that the judgment in the Burkle case was "void" so that plaintiff would be entitled to relief upon Ground (4), the district judge pointed out that when the judgment was entered the district court had jurisdiction of the cause and of the p…
discussed Cited as authority (rule) Clarke v. Burkle
8th Cir. · 1978 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975); United States v. Thompson, 438 F.2d 254, 256 (8th Cir. 1971); Hoffman v. Celebrezze, supra. Aside from that, the district court held that relief could not be granted upon Ground (1) of the Rule because the motion was not filed within one year after the entry of the judgment.
cited Cited as authority (rule) Whitlock v. Midwest Acceptance Corp.
E.D. Mo. · 1977 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
cited Cited as authority (rule) Norma Benson v. F. David Matthews, Secretary of Health, Education and Welfare
8th Cir. · 1977 · confidence medium
Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
discussed Cited as authority (rule) United States v. Salvatore Cirami, Salvatore Cirami & Margaret Cirami
2d Cir. · 1976 · confidence medium
The same rule can be found outside this Circuit as well, e. g., *740 Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975) (collecting Eighth Circuit cases) (“Ignorance or carelessness of an attorney is generally not cognizable under Fed.R.
cited Cited "see" Whitt v. City of St. Louis
E.D. Mo. · 2021 · signal: see · confidence high
See Cline, 518 F.2d 776 .
cited Cited "see" Dan Ivy v. Warren Kimbrough David W. Shull
8th Cir. · 1997 · signal: see · confidence high
See Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir.1975).
cited Cited "see" Dan Ivy v. Warren Kimbrough
8th Cir. · 1997 · signal: see · confidence high
See Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975).
discussed Cited "see" United States v. Real Prop. Known as 429 South Main Street
S.D. Ohio · 1995 · signal: see · confidence high
See, Cline, 518 F.2d at 778 (denying relief due to counsel’s failure to respond to summary judgment where the proposed memorandum contra failed to raise any new issue not previously considered in disposing of motion).
discussed Cited "see" Washington v. Robinson
8th Cir. · 1995 · signal: see · confidence high
See Cline v. Hoogland, 518 F.2d 776, 778-79 (8th Cir.1975) (carelessness or ignorance no excuse for attorney's failure to file resistance to summary judgment motion). 4 Accordingly, we affirm the judgment of the district court. 1 The Honorable Henry Woods, United States District Judge for the Eastern District of Arkansas
cited Cited "see" Baumann v. Marinaro
N.J. · 1984 · signal: see · confidence high
See Clive v. Hoogland, 518 F.2d 776 (8th Cir.1975) (counsel’s failure to oppose motion for summary judgment was mere carelessness and did not warrant relief from judgment under Fed.R.Civ.P. 60(b)).
discussed Cited "see, e.g." Hibernia National Bank v. Administracion Central Sociedad Anonima, Jorge Raoul Garcia Granados De Garay
5th Cir. · 1985 · signal: compare · confidence medium
Compare Cline v. Hoogland, 518 F.2d 776, 778-79 (8th Cir.1975) (“appellant’s proposed resistance filed with the 60(b) motion fails to raise any new issue of material fact not previously considered in disposing of the motion for summary judgment”).
discussed Cited "see, e.g." Miguel Leal and Eliseo Flores v. Interstate Brands Corporation
6th Cir. · 1985 · signal: see, e.g. · confidence medium
See, e.g., Cline v. Hoogland, 518 F.2d 776, 778 (8th Cir. 1975); Hoffman v. Celebrezze, 405 F.2d 833, 835 (8th Cir. 1969); Ohliger v. United States, 308 F.2d 667, 667-78 (2d Cir. 1962); Nugent v. Yellow Cab Co., 295 F.2d 794, 796 (7th Cir. 1961) cert. denied, 369 U.S. 828 (1962); see generally 11 Wright and Miller, Federal Practice and Procedure, Sec. 2858 at 170-73. 13 Defendant argues that the district court should have applied the standard for relief prior to the entry of default judgment under Fed.R.Civ.P. 55(c) which is more lenient than that of Fed.R.Civ.P. 60(b).
cited Cited "see, e.g." Bowman v. Pamida, Inc.
Minn. · 1977 · signal: see, e.g. · confidence low
See, e. g., Cline v. Hoogland, 518 F.2d 776 (8 Cir. 1975); Rocky Mountain Tool & Machine Co. v. Tecon Corp., 371 F.2d 589 (10 Cir. 1966); Hulson v. Atchi-son, Topeka & Santa Fe Ry.
Retrieving the full opinion text from the archive…
Joan CLINE, Appellant,
v.
Sheriff Ted HOOGLAND and His Wife, Gertrude Hoogland, Appellees
74-1864.
Court of Appeals for the Eighth Circuit.
Jun 10, 1975.
518 F.2d 776
Donald E. O’Brien, Sioux City, Iowa, for appellant., James W. Redmond, Sioux City, Iowa, for appellees.
Ross, Stephenson, Webster.
Cited by 57 opinions  |  Published
ROSS, Circuit Judge.

This is an action for false arrest and false imprisonment by Joan Cline against Ted Hoogland, Sheriff of Sioux County, Iowa, and Gertrude Hoogland, as the sheriff’s matron. The plaintiff is a citizen of Nebraska, the defendants are citizens of Iowa, and the amount in controversy exceeds $10,000. The cause came before Chief Judge Edward J. McManus in the Northern District of Iowa, who granted summary judgment for defendants and denied plaintiff’s motions for post judgment relief. We determine that we lack jurisdiction to review the judgment, and affirm the order denying post judgment relief.

The uncontroverted facts establish that in November 1971, five checks were forged on the account of a Northwestern College student, Lynette Kuehl, and given to merchants in Orange City, Iowa, where the college is located. Sheriff Hoogland was notified that these checks had been uttered by a heavy, dark-haired Indian female of average height, who identified herself as a student of the college. Sheriff Hoogland learned that two Indian girls were registered at Northwestern: the plaintiff, Joan Frances Cline, and Frances Marie Miller. The sheriff was also told the girls may have been together at the time the bad checks were passed. One of the cheeks was ostensibly made payable to and endorsed by Joan Cline. On about December 1, 1971, a college official called the sheriff and told him that one of the girls had asked the college to arrange for her mother to take her to Winnebago, Nebraska.

With this information, the sheriff, accompanied by his wife, went to the college to question Joan Cline or Frances Miller. When he arrived at the residence hall where both lived, Frances Miller could not be located. He did speak to Joan Cline, who is an Indian female of average height, and who has dark hair. Ms. Cline denied knowledge of the forgery. After allowing her to place a telephone call to her father, Sheriff and Mrs. Hoogland took her into custody and drove her to his office. She was questioned for 10 — 30 minutes, until a clerk in one of the stores which had accepted forged checks identified Frances Miller as the forger and not Joan Cline. Thereupon, Joan Cline was released.

Based on the above undisputed facts, defendants moved for summary judgment. No resistance was filed and the motion was granted on the theory that there was probable cause for the arrest, so the sheriff and Mrs. Hoogland were immune from suit under Iowa law.

The plaintiff then sought to have the judgment set aside in order to file a resistance to the motion for summary judgment. It was alleged in support of the motions that the failure to file a resistance was due to the busy schedule of plaintiff’s lawyer. These post decisional motions were denied.

On appeal Ms. Cline argues that it was error to grant summary judgment and that the judge abused his discretion in denying her post judgment motions. The Hooglands take the opposite view, of course, but also contend that this court lacks jurisdiction to review the district court’s disposition of the case because notice of appeal was • not filed within the time allowed in Fed.R.App.P. 4.

Summary judgment was entered on September 13, 1974, and on September 24, 1974, plaintiff filed motions under Fed.R.Civ.P. 52(b), 59(a) and 60. The judge ruled that rules 52(b) and 59(a) were inapplicable to summary[*778] judgments, since there had been no findings of fact or trial. The motion was therefore considered only under rule 60. Without determining the correctness of Judge McManus’ rationale, we hold that consideration of the motion only under rule 60 was proper because Ms. Cline’s motions were not filed within 10 days as required by rules 52(b) and 59(b) and (e). Since the motion was under rule 60 and not 52 or 59, the 30 day period after entry of judgment during which notice of appeal must be filed was not tolled. Fed.R.App.P. 4(a); Conerly v. Flower, 410 F.2d 941, 943-944 (8th Cir. 1969); 9 J. Moore & B. Ward, Moore’s Federal Practice 953 — 954 (2d ed. 1973). In this case the notice of appeal was not filed until October 21, more than 30 days after the September 13 judgment was entered. Therefore this Court does not have jurisdiction to review the correctness of the summary judgment. United States v. 1,481.80 Acres of Land, 466 F.2d 820, 822 (8th Cir. 1972); Young v. Chicago, Milwaukee, St. Paul & Pacific R. R., 369 F.2d 502, 504 (8th Cir. 1966). [1]

In the notice of appeal filed on October 21, 1974, counsel did not specifically indicate that he appealed from the district court’s denial of post decision relief under Fed.R.Civ.P. 60. [2] However, it is clear from the notice of appeal read in conjunction with appellant’s brief that Ms. Cline intended to appeal the district court’s denial of rule 60 relief on October 11, 1974, as well as the summary judgment itself. Appellees’ brief convinces us that they were not misled by this defect in the notice of appeal. Under these circumstances we hold that the notice of appeal was sufficient to place the issue of the propriety of the October 11, 1974, order before this Court. Gajewski v. Stevens, 346 F.2d 1000, 1001-1002 (8th Cir. 1965). Since the notice of appeal was filed within 30 days of the denial of relief under rule 60, we have jurisdiction to review that denial even though we do not have jurisdiction to review the summary judgment. Bruton v. Shank, 349 F.2d 630, 631 (8th Cir. 1965).

We find that Judge McManus did not abuse his discretion in denying plaintiff relief under Fed.R.Civ.P. 60(b). We first note that this is not a case where plaintiff has been denied a decision on the merits. Furthermore, appellant’s counsel admits that he was aware of the motion for summary judgment, but neglected to file a resistance because he was busy with other matters. Ignorance or carelessness of an attorney is generally not cognizable under Fed.R. Civ.P. 60(b). Hoffman v. Celebrezze, 405 F.2d 833, 835 (8th Cir. 1969); United States v. Thompson, 438 F.2d 254, 256 (8th Cir. 1971). Finally, we agree with the trial judge’s conclusion that appellant’s proposed resistance filed with the 60(b) motion fails to raise any new issue of material fact not previously con[*779] sidered in disposing of the motion for summary judgment. Under these circumstances we can find no abuse of discretion in the October 11, 1974, order of Judge McManus.

The appeal from the summary judgment entered September 13, 1974, is dismissed for want of jurisdiction. The order of October 11, 1974, is affirmed.

1

. Our conclusion in Peterman v. Chicago, Rock Island & Pacific R. R., 516 F.2d 328 (8th Cir., 1975), is not to the contrary. In that case the trial court sua sponte and erroneously granted a new trial to the railroad; therefore the railroad did not appeal denial of its motion for judgment n. o. v. This Court determined that the trial court was without jurisdiction to enter the order and vacated the new trial order. Peterman v. Chicago, Rock Island & Pacific R. R., 493 F.2d 88, 93 (8th Cir.), cert. denied, 417 U.S. 947, 94 S.Ct. 3072, 41 L.Ed.2d 667 (1974). Judgment was thereupon entered in district court and the railroad appealed within 30 days of entry of judgment. Therefore we held that we had jurisdiction to hear the appeal. The unusual situation in Peterman has no analogy here.

2

. The Notice of Appeal reads in part:

Notice is hereby given that Joan Cline, plaintiff, hereby appeals to the United States Court of Appeals for the Eighth Circuit from the judgment rendered in this action dated September 16, 1974, wherein plaintiffs action was dismissed. See attached copy of the judgment entered by the Court and the Order of the Court filed October 11, 1974 denying all motions.

The judgment was actually entered on the civil docket on September 13, 1974, which was the date the court’s order was filed. The clerk of the court filed a summary judgment pursuant to the order on September 16; however, the date of the entry into the civil docket is determinative of when the time for motions and appeal begins to run. 6A J. Moore, Moore’s Federal Practice 58-56 — 58-57 (2d ed. 1974).