Pierce Toler v. J. A. Shelton

Summary

The court held that it could not review the original dismissal because the appeal was untimely and the Rule 60(b) motion did not toll the appeal period. It nevertheless reviewed the denial of the Rule 60(b) motion and held that the trial court abused its discretion by denying relief without adequately addressing Toler's lack of meaningful notice of the dismissal and his unrefuted allegations of mistake, neglect, or inequitable conduct. The denial was reversed and the matter remanded for further consideration and evidentiary development.