The entry of judgment
also starts a 60-day clock, during which the Government may, with the approval of TJAG, appeal the sentence to the CCA on the grounds that: "(A) the sentence violates the law; or (B) the sentence is plainly unreasonable." (48) This is a mischievous provision.
(11) The court noted that to hold otherwise "would mean that there would be no end to litigation." (12) Subsequent decisions declined to hold that a reservation of jurisdiction provision in a judgment could be used to reopen a proceeding after jurisdiction had been lost as a result of the entry of judgment
. (13) In 1970, a Florida court refused to enforce a reservation of jurisdiction provision in a judgment on jurisdictional grounds.
On appeal to the Fourth Circuit, Ramdass advanced a "functional" interpretation of Simmons, based on the District Court's opinion.(129) He suggested that he qualified for a Simmons instruction even though judgment had not been entered in the Domino's case because "the entry of judgment
was nondiscretionary, purely ministerial, and legally insignificant."(130) In other words, Ramdass argued that Simmons protection was warranted because he was, for all practical purposes, parole ineligible.(131) A two-judge majority adopted a more restricted interpretation of Simmons, based on the Fourth Circuit's reasoning in Townes v.
State Farm intervened and the parties represented that the Whites rescinded the Covenant Not To Execute and moved to withdraw the Motion for Entry of Judgment
. Bobcat and Wilson also instituted a separate state court action against State Farm based on its intervention for alleged tortious interference and other causes of action.
District Court entered an order finding that post-judgment service had been effectuated, and that sufficient time had elapsed following the entry of judgment
and the giving of notice of such judgment to seek attachment and execution; and a few months later, entered an order finding that sufficient time had passed since entry of the default judgment, and that service of the default judgment had been properly effectuated.
A* 70 (1946), the "court may in its discretion award reasonable attorney's fees to the prevailing party upon the entry of judgment
on any patent case." This was amended by 35 U.S.C.
The entry of judgment
in a previous case gives rise to application of res judicata to all claims that existed at that time, even if the plaintiff was not then aware of those claims.
COURT'S OPINION: The Supreme Court of Arizona reversed the judgment of the trial court as to its entry of judgment
on the jury verdict for the decedent's children, while it affirmed the entry of judgment
for the decedent's surviving spouse in the amount of S 1 million.
COURT'S OPINION: The Florida Court of Appeals reversed the final judgment and remanded the case for entry of judgment
in favor of the hospital on grounds that the Estate failed to prove causation.
The Supreme Court of Virginia granted the Addisons' petition for leave to appeal the entry of judgment
dismissing their complaint with prejudice, which had the effect of denying them the right to file an amended complaint.
However, judgments may only be enforced for seven years from the date of the entry of judgment
or the date of the judgment's last revival.
(11) The new rules of procedure, however, were silent on the topic of reconsideration of nonfinal orders prior to entry of judgment