Karla Ann Westjohn v. Seldin Co.

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[Unpublished]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.
1The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.

-- 1 of 2 --

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.
______________________________
-2-

-- 2 of 2 --