Architectural Ingenieria Siglo XXI v. Dominican Republic, No. 13-13877 (11th Cir. 2015)
Annotate this CasePlaintiffs filed suit against the Dominican Republic and INDRHI for breach of contract and unjust enrichment related to an irrigation project in the Dominican Republic. After the district court entered a default judgment in favor of plaintiffs, defendants moved to vacate the default judgment. The district court denied the motion and defendants appealed. While that appeal was pending, the Dominican Republic moved to vacate the default judgment for voidness under Federal Rule of Civil Procedure 60(b)(4). The district court denied the motion on the merits, finding that the Dominican Republic had waived its sovereign immunity. The Dominican Republic appealed. In these consolidated appeals, the court concluded that the district court erred by denying the Dominican Republic’s Rule 60(b)(4) motion to vacate for voidness the default judgment entered against the foreign nation because at least one statutory exception to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-1611, applies; the district court abused its discretion by denying the Dominican Republic and INDRHI’s Rule 60(b)(1) motion to vacate for excusable neglect the default judgment entered against them because the factual findings underlying the district court's decision were unsupported by the record; and therefore, the court reversed and remanded for further proceedings.
The court issued a subsequent related opinion or order on December 28, 2023.
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