(Download) "Duriron Company v. Mr. and Mrs. Norman" by Supreme Court of Alaska * Book PDF Kindle ePub Free
eBook details
- Title: Duriron Company v. Mr. and Mrs. Norman
- Author : Supreme Court of Alaska
- Release Date : January 14, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
RABINOWITZ, Justice. Opinion After perfecting this appeal, appellant moved the trial court for relief from the judgment which
had been entered against it. 1 Appellant simultaneously filed in this court what is essentially a motion to remand the
case to the superior court to permit determination of appellant's Rule 60(b) motion. Additionally, appellant requests suspension
of all appellate proceedings pending the superior court's decision of its Rule 60(b) motion. 2 The motion before us raises
the question of what procedure is to be followed when a Civil Rule 60(b) motion for relief from judgment is made in the superior
court while an appeal is pending in this court. We adopt a rule analogous to the one which was enunciated in our opinion in State v. Salinas. 3 We hold that while a civil
appeal is perfected and pending in this court, the superior court has jurisdiction to deny a Civil Rule 60(b) motion. In the
event the superior court determines that the Rule 60(b) motion should be granted, then in order to posses the authority to
enter such an order it must first apply for and obtain a remand of the case from this court for the stated purpose of granting
a Civil Rule 60(b) motion. Upon application by the movant, all appellate proceedings in this court will be stayed pending
the superior court's resolution of the Civil Rule 60(b) motion.
 "Duriron Company v. Mr. and Mrs. Norman" by Supreme Court of Alaska * Book PDF Kindle ePub Free){kind=link}