Tattersalls v. DeHaven

Plaintiff, an English auctioneer of thoroughbred horses, filed suit against defendant after defendant took possession of a horse but did not pay for it. The district court granted title and right of possession of the horse to plaintiff but did not award damages for the reduction in the horse's value while she was held by defendant. The district court instructed plaintiff to move to amend the judgment under Rule 59(e) when it knew the amount of the damages, but the district court overlooked the 28-day deadline for motions under Rule 59(e). Relying on Garamendi v. Henin, the court held that the district court's use of Rule 60(a) in correcting the judgment to award damages was proper where the district court's overlooking of the 28-day time limit for Rule 59(e) relief was the kind of clerical error, oversight or omission that was amendable to correction under Rule 60(a). In this instance, it was obvious that the district court did not change its mind and it intended that plaintiff should receive depreciation damages for the horse. It was also obvious that the district court did not intend that plaintiff would be unable to amend the judgment after the 28-day time limit under Rule 59(e) had elapsed. Accordingly, the court affirmed the judgment of the district court. View "Tattersalls v. DeHaven" on Justia Law