Kukla v. Kukla’s Empirical Analysis

Citation profile

16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This Court has clearly held that Rule 60(a) is not a substitute for an appeal on the merits. ‘Generally, Rule 60(a) can only be used to make the judgment or record speak the truth and cannot be used to make it say something other than what originally was pronounced. We believe it clear that Rule 60(a) was not designed to affect substantive portions of a judgment or order, nor to act as a substitute for appeal. The rule is appropriately utilized only for “the correction of irregularities which becloud but do not impugn [the judgment].” United States v. Stuart, 392 F.2d 60, 62 (3d Cir.1968), The problem is essentially one of characterization. Kelley v. Bank [Bldg. & Equip. Corp. of Am.], 453 F.2d 774, 778 (10th Cir.1972). It must be determined “whether a substantive change or amendment was made or whether the amended conclusions and judgment were in the nature of corrections.” Kelley, supra. ‘A court may correct, pursuant to Rule 60(a), errors created by oversight or omission that cause the judgment to fail to reflect what was intended at the time of trial. However, Rule 60(a) is not a vehicle for relitigat-■ing matters that have already been litigated and decided, nor to change what has been deliberately done.’ (Citations, footnote omitted:) Gruebele v. Gruebele, 338 N.W.2d 805, 811-12 (N.D.1983); see also Volk v. Volk, 435 N.W.2d 690, 692 (N.D.1989).” Fargo Glass & Paint [Co. v. Randall, 2004 ND 4 ], at ¶ 5[, 673 N.W.2d 261 ] quoting First W. Bank v. Wickman, 513 N.W.2d 62, ”

   1 later decision quote this exact passage
   e.g. Erickson v. Olsen

2. “Defendants failed to raise the issue or assert the defense of improper party at every level of the proceedings, including at summary judgment and during a jury trial. Defendants were cognizant of the facts of the case and made a motion, which ultimately was denied, concerning whether the Plaintiff was the proper party. However, Defendants never raised the issue of Edward Couture or A&M Structuring, LLC being parties to this action at any point in the case, including during the multitude of opportunities to establish a factual record. ... The law governing rule 60(b) motions is clear that a defeated litigant cannot set aside a judgment because of failure to interpose a defense that could have been presented or might have been pleaded in defense of action or at trial. It is not a mistake for Edward Couture or A&M Structuring LLC to be subject to the judgments, as they have each been a named defendant in every single pleading in this matter and both responded to all pleadings in this matter without ever raising the defense of "improper party". Both Edward Couture and A&M Structuring LLC also fully participated in the jury trial. [A] Rule 60(b) motion is not to be used to relieve a party from free, calculated, and deliberate choices, and [a] party remains under a duty to take legal steps to protect his own interests. No sufficiently extraordinary circumstances exist to justify vacating or amending the judgment pursuant to Rule 60(b)(6), N.D.R.Civ.P. Defendants, through two sets o”

   1 later decision quote this exact passage
   e.g. Flaten v. Couture

3. “This Court has clearly held that Rule 60(a) is not a substitute for an appeal on the merits. Generally, Rule 60(a) can only be used to make the judgment or record speak the truth and cannot be used to make it say something other than what originally was pronounced. We believe it clear that Rule 60(a) was not designed to affect substantive portions of a judgment or order, nor to act as a substitute for appeal. The rule is appropriately utilized only for the correction of irregularities which becloud but do not impugn the judgment. The problem is essentially one of characterization. It must be de termined whether a substantive change or amendment was made or whether the amended conclusions and judgment were in the nature of corrections.”

   1 later decision quote this exact passage
   e.g. Mid Dakota Clinic P.C. v. Livengood