Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 42

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          inequitable mistake that was made in the decision underlying that           
          deficiency.  To my mind, if a District Court could have decided             
          such a motion, then so can we.  This Court’s powers are                     
          harmonious with the powers of a District Court.  This Court’s               
          powers are different from the powers held by this Court’s                   
          predecessors.                                                               
               Although it is true that this Court is a court of limited              
          jurisdiction, so are all other Federal courts.  All Federal                 
          courts possess only that power authorized by Constitution and               
          statute and may not expand that power by judicial decree.                   
          Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994);               
          Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxites de Guinee, 456            
          U.S. 694, 701-702 (1982).  The ability of this and every other              
          Federal Court to apply rule 60(b) principles to a final decision            
          flows from a finding that we and they had jurisdiction to render            
          and enter that decision in the first place.  A court need not and           
          does not apply equitable principles to acquire jurisdiction in a            
          rule 60(b) proceeding.  The court simply applies the principles             
          of that rule to a case over which it already has jurisdiction.              
          This Court’s well-established position on its equitable powers is           
          consistent with this tenet.  In accordance with that position,              
          this Court has held that it may apply equitable principles to               
          dispose of cases over which the Court already has jurisdiction.             








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