JANE LUNA, as Administratrix of the Estate of Charles Jason Toll v. RICKY J. BELL; GAELAN DOSS; JAMES HORTON - Articles

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Posted by: Landry Butler on Apr 13, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: David J. Weissman, RAYBIN & WEISSMAN, P.C., Nashville, Tennessee, for Appellant in 17-5608 and Appellee in 17-5675. Leslie Ann Bridges, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees in 17-5608 and Appellants in 17-5675.

Attorneys 2:

ON BRIEF: David J. Weissman, RAYBIN & WEISSMAN, P.C., Nashville, Tennessee, Jeff Roberts, JEFF ROBERTS & ASSOCIATES, PLLC, Nashville, Tennessee, for Appellant in 17-5608 and Appellee in 17-5675. Leslie Ann Bridges, Steven A. Hart, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees in 17-5608 and Appellants in 17-5675.

Judge(s): MERRITT, MOORE, and BUSH, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Middle District of Tennessee at Nashville.

KAREN NELSON MOORE, Circuit Judge. Defendants Ricky J. Bell (“Bell”), Gaelan Doss (“Doss”), and James Horton (“Horton”) (together, “Defendants”) appeal the first district court’s1 order granting Plaintiff Jane Luna (“Luna”), as Administratrix of the Estate of Charles Jason Toll (“Toll”), deceased, relief under Federal Rule of Civil Procedure 60(b)(2); additionally, Defendants appeal the second district court’s and the third district court’s denials of Defendants’ requests to reconsider the order granting Luna relief under Rule 60(b)(2). Luna appeals the third district court’s order granting summary judgment to Defendants.

For the reasons discussed below, we AFFIRM the first district court’s order granting Luna relief under Rule 60(b)(2) from the judgments and from the order denying a new trial. We also AFFIRM the orders denying Defendants’ requests to reconsider. Lastly, we REVERSE the third district court’s order granting summary judgment to Defendants, and we REMAND for further proceedings consistent with this opinion.