S. Ct. Civ. No. 2010-0098

In property foreclosure litigation, after clarification on remand of the Superior Court's order for the return of certain escrowed moneys to the purchasers/debtors pursuant to Federal Rule of Civil Procedure 60(b)(5), which provides that a court “may relieve a party . . . from a final judgment” if “the judgment has been satisfied, released or discharged,” the Superior Court did not misinterpret this provision. While this Rule does not vest the trial court with plenary power to reduce a monetary judgment by re-litigating issues previously decided. the uncontradicted evidence in the present record establishes that $13,784.73 of the $74,681.69 monetary judgment was earmarked for payment of unbilled property taxes, and that the seller/creditor has not paid-and never will have to pay-any of those taxes as a result of the purchasers' successful redemption of the properties. Thus the Superior Court properly granted relief under Rule 60(b)(5). The December 7, 2010 Order, as clarified by the December 13, 2012 Opinion, is affirmed.