What is the test for appeal from an order denying a Civil Rule 60 motion?
federal, United States of America
The following excerpt is from Duarte v. Concha (In re Concha), BAP No. AZ-15-1298-LJuF (B.A.P. 9th Cir. 2016):
An appeal from an order denying a Civil Rule 60 motion, when the motion was filed more than 14 days after the underlying order or judgment, raises only the merits of the order denying the motion and does not raise the merits of the underlying judgment or order. See Maraziti v. Thorpe, 52 F.3d 252, 254 (9th Cir. 1995).
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