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Carrasco v. Thomas D. Walsh, Inc.

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Argued December 14, 2009

Before GLICKMAN, THOMPSON and OBERLY, Associate Judges.

Jaime Carrasco appeals an order denying his motion pursuant to Civil Rule 60 (b)*fn1 to void or vacate a default judgment entered in favor of his landlord, appellee Thomas D. Walsh, Inc. (“Walsh”), for possession of Carrasco’s rented apartment. We hold that the trial court correctly rejected Carrasco’s claim that the judgment was void under Rule 60 (b)(4) for lack of legally effective service of process. However, we are persuaded that the court abused its discretion by denying Carrasco’s motion to vacate the judgment under Rule 60 (b)(6) without giving proper consideration to all the factors relevant to such a decision. We remand the case for the court to reconsider that motion on its merits.

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