Karla Westjohn v. Seldin Co.

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 23, 2023
• Docket: 22-2853
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2853 ___________________________

Karla Ann Westjohn

Plaintiff Appellant

v.

Seldin Co.

Defendant Appellee ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: February 17, 2023 Filed: February 23, 2023 [Unpublished] ____________

Before LOKEN, KELLY, and KOBES, Circuit Judges. ____________

PER CURIAM.

Karla Westjohn appeals the district court’s1 denial of her motion under Federal Rule of Civil Procedure 60(b) challenging the court’s dismissal of her complaint.

1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. Upon careful review, we conclude that the district court did not abuse its discretion in denying the motion, as Westjohn’s argument did not challenge the court’s basis for dismissal. See Noah v. Bond Cold Storage, 408 F.3d 1043, 1044-45 (8th Cir. 2005) (per curiam); IBEW, Local Union No. 545 v. Hope Elec. Corp., 293 F.3d 409, 415 (8th Cir. 2002). To the extent Westjohn argues that the original order dismissing the case was erroneous, we decline to address that argument, as Westjohn did not appeal the judgment. See Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001); Atraqchi v. FBI, 959 F.2d 740, 741 (8th Cir. 1992) (per curiam).

Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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