Angela DeBose v. University of South Florida Board of Trustees
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 4, 2026
Docket26-10006
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-10006
Non-Argument Calendar
____________________
ANGELA DEBOSE,
Plaintiff-Appellant,
versus
UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:22-cv-00439-RH-MAF
____________________
Before ABUDU, KIDD, and ANDERSON, Circuit Judges.
PER CURIAM:
Angela DeBose, a Wisconsin-licensed attorney representing
herself, appeals the district court’s denial of her Federal Rule of
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2 Opinion of the Court 26-10006
Civil Procedure 60(b) motion for relief from its judgment of dismis-
sal for improper venue. She argues that newly discovered evidence
justifies vacating or modifying the filing injunction against her in
the Middle District of Florida.
We conclude that the district court did not abuse its discre-
tion in denying DeBose’s Rule 60(b) motion. Her motion was filed
more than one year after the entry of judgment, so she cannot seek
relief under Rule 60(b)(2), nor can she seek relief under Rule
60(b)(5) because the judgment below has no prospective effect. Fi-
nally, she cannot seek relief under Rule 60(b)(6) on grounds that
are covered in another Rule 60(b) provision. We therefore affirm
the district court’s order.
I. BACKGROUND
DeBose filed suit against the University of South Florida
Board of Trustees (“USFBOT”), her former employer, in the
Northern District of Florida on December 8, 2022. She brought
seven claims, including violations of Title VII, tortious interference
with a business relationship, and civil-rights violations. At the time
she filed suit, DeBose was subject to a filing injunction entered by
the Middle District of Florida that prohibited her from filing any
action concerning her employment with USF without the signa-
ture of an attorney admitted to practice in that district. That court
recounted DeBose’s seven-year history of filing claims against USF
and related parties, the dismissal of those claims, and DeBose’s at-
tempts to appeal or procure relief from those judgments.
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26-10006 Opinion of the Court 3
In her complaint, DeBose acknowledges that venue was oth-
erwise proper in the Middle District but asserts that she was barred
from filing there and was “applying for jurisdiction in” the North-
ern District to obtain an adequate federal forum in which she could
access the courts.
USF moved to dismiss the complaint for failure to state a
claim, arguing that venue was improper and that DeBose had filed
in the Northern District to circumvent the Middle District’s filing
injunction. USF then contended that dismissal, rather than transfer,
was proper because transfer to the Middle District would “contra-
vene [the] ruling enjoining DeBose from filing further lawsuits
without meeting the Court’s conditions.” DeBose herself acknowl-
edged that she had filed in the Northern District to “intentionally
circumvent [the] injunction order.” A magistrate judge recom-
mended dismissal rather than transfer because the defendant re-
sided in the Middle District and all events relevant to DeBose’s
claims occurred there. The district court adopted that recommen-
dation in the interests of justice.
DeBose subsequently filed several motions seeking relief
from judgment, as well as two mandamus proceedings in this
Court. The district court denied those requests, and this Court dis-
missed or denied the corresponding mandamus petitions for lack
of prosecution.
DeBose then filed a Rule 60(b) motion seeking relief under
subsections (b)(2), (b)(5), and (b)(6). She relied principally on a
March 2025 letter from the Wisconsin Office of Lawyer Regulation
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4 Opinion of the Court 26-10006
(“OLR”), arguing that the letter constituted newly discovered evi-
dence undermining the basis for the Middle District’s filing injunc-
tion and warranting relief from the Northern District’s judgment.
In the letter, OLR made an official finding of “no misconduct[.]”
DeBose avers that this letter was “authoritative and dispositive
proof that the alleged misbehavior never occurred.” Separately,
DeBose argues in her Rule 60 motion that the defendant’s attorney,
one of USF’s attorneys, was disqualified as a “potential witness and
defendant in related matters” under the newly “changed (or [ ] clar-
ified)” Rule 4-3.7 of the Florida Rules of Professional Conduct, en-
titling her to relief under Rule 60(b)(5) or (b)(6). The district court
denied this motion, concluding that none of DeBose’s asserted
newly discovered evidence “ha[d] anything to do with the grounds
on which this action was dismissed,” and that “[t]he motion for re-
lief from the judgment [was] frivolous.”
DeBose timely appeals the district court’s denial of her Rule
60(b) motion.
II. STANDARD OF REVIEW
We generally review the denial of a Rule 60(b) motion for
abuse of discretion. Am. Bankers Ins. Co. of Fla. v. Nw. Nat’l Ins. Co.,
198 F.3d 1332, 1338 (11th Cir. 1999). The district court abuses its
discretion when it “applies the wrong law, follows the wrong pro-
cedure, bases its decision on clearly erroneous facts, or commits a
clear error in judgment.” McNair v. Johnson, 143 F.4th 1301, 1307
(11th Cir. 2025) (quotation omitted). “An appeal of a ruling on a
Rule 60(b) motion, however, is narrow in scope, addressing only
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26-10006 Opinion of the Court 5
the propriety of the denial or grant of relief and does not raise issues
in the underlying judgment for review.” Am. Bankers Ins. Co., 198
F.3d at 1338.
Rule 60(b) motions allow district courts “to reconsider mat-
ters so that [they] can correct obvious errors or injustices and so
perhaps obviate the laborious process of appeal.” Carter ex rel.
Carter v. United States, 780 F.2d 925, 928 (11th Cir. 1986) (citation
modified). Motions under Rule 60(b) must be made within a rea-
sonable time, though motions under subsections (1), (2), or (3)
must be brought “no more than a year after the entry of the judg-
ment or order or the date of the proceeding.” Fed. R. Civ. P.
60(c)(1).
Rule 60(b)(2) allows a court to grant relief from a final judg-
ment due to newly discovered evidence which, by due diligence,
could not have been discovered in time to move for a new trial
under Rule 59(b). Fed. R. Civ. P. 60(b)(2). To warrant relief under
Rule 60(b)(2), the movant must satisfy a five-part test: (1) the evi-
dence must be newly discovered since the trial; (2) the movant used
due diligence to discover the new evidence; (3) the evidence is not
merely cumulative or impeaching; (4) the evidence is material; and
(5) the evidence is such that it would probably produce a new re-
sult. Toole v. Baxter Healthcare Corp., 235 F.3d 1307, 1316 (11th Cir.
2000). Evidence that would not produce a new result does not meet
these requirements. Willard v. Fairfield So. Co., 472 F.3d 817, 824
(11th Cir. 2006).
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Rule 60(b)(5) permits a party to obtain relief from an order
if, among other things, “applying [the order] prospectively is no
longer equitable[.]” Fed. R. Civ. P. 60(b)(5). We have held that this
rule “applies only to judgments that have prospective effect as con-
trasted with those that offer a present remedy for a past wrong.”
Griffin v. Sec’y, Fla. Dep’t of Corr., 787 F.3d 1086, 1091 (11th Cir.
2015) (citation omitted). A judgment operates prospectively if it
“involve[s] the supervision of changing conduct or conditions[,]”
the classic example being a continuing injunction. Id. (quotations
and citation omitted). A dismissal is not prospective because such
a judgment is “final and permanent.” Id. at 1092 (quotations omit-
ted).
Rule 60(b)(6) is a catchall provision that authorizes relief for
“any other reason that [is] justifie[d].” Fed. R. Civ. P. 60(b)(6).
“Rule 60(b)(6) motions must demonstrate that the circumstances
are sufficiently extraordinary to warrant relief. Even then, whether
to grant the requested relief is a matter for the district court’s sound
discretion.” Cano v. Baker, 435 F.3d 1337, 1342 (11th Cir. 2006) (quo-
tation marks and ellipsis omitted). Rule 60(b)(6) “permits reopen-
ing when the movant shows any reason justifying relief from the
operation of the judgment other than the more specific circum-
stances set out in Rule 60(b)(1)–(5).” Gonzalez v. Crosby, 545 U.S.
524, 529 (2005) (quotation marks and ellipsis omitted).
Parties “subject to an injunctive order issued by a court with
jurisdiction are expected to obey that decree until it is modified or
reversed, even if they have proper grounds to object to the order.”
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Alley v. U.S. Dep’t of Health and Human Servs., 590 F.3d 1195, 1203
(11th Cir. 2009). A party seeking to vacate or modify an injunction
must challenge it directly, rather than file a collateral attack. Id. at
1204.
When a court is confronted with an action that would
involve it in a serious interference with or usurpation
of another court’s continuing power to supervise and
modify its injunctions, considerations of comity and
orderly administration of justice demand that the
non-rendering court should decline jurisdiction and
remand the parties for their relief to the rendering
court, so long as it is apparent that a remedy is availa-
ble there.
Mann Mfg., Inc. v. Hortex, Inc., 439 F.2d 403, 408 (5th Cir. 1971) (ci-
tation modified). 1
If a case is filed in a district where venue is not proper, the
district court “shall dismiss, or if it be in the interest of justice, trans-
fer such case to any district or division in which it could have been
brought.” 28 U.S.C. § 1406(a).
Although pro se pleadings are normally liberally construed,
that rule does not apply to licensed attorneys representing them-
selves. Olivares v. Martin, 555 F.2d 1192, 1194 n.1 (5th Cir. 1977).
1 In Bonner v. City of Pritchard, we adopted as precedent decisions of the former
Fifth Circuit rendered prior to October 1, 1981. 661 F.2d 1206, 1209 (11th Cir.
1981) (en banc).
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Generally, we will not review issues on appeal that were not
presented to the district court, but “there is a difference between
raising new issues and making new arguments on appeal.” In re
Home Depot Inc., 931 F.3d 1065, 1086 (11th Cir. 2019). In other
words, on appeal, parties may offer new arguments in support of
an issue that was properly raised in the district court. Id. Any issued
not clearly identified in an initial brief on appeal is considered aban-
doned. Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680 (11th
Cir. 2014).
III. DISCUSSION
We begin by considering the scope of our review of the dis-
trict court’s denial of DeBose’s Rule 60(b) motion. We next explain
why DeBose’s challenges to the dismissal of her action and the Mid-
dle District’s filing injunction are not properly before us. Finally,
we address whether the Wisconsin Office of Lawyer Regulation’s
finding of “no misconduct” warrants relief under Rule 60(b)(2), (5),
or (6).
DeBose argues that the district court abused its discretion by
dismissing her case rather than transferring it because doing so cre-
ated a procedural “dead zone.” Since the Northern District court
knew she was subject to a filing injunction in the Middle District,
she contends, it “transformed a simple venue error into a terminal
sanction.” She also argues that the OLR letter’s finding of “no mis-
conduct” undermines the basis of the Middle District’s injunction.
USFBOT, on the other hand, claims that DeBose’s arguments con-
cerning dismissal, transfer, and the filing injunction are not
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properly before this Court and that the OLR letter does not war-
rant Rule 60(b) relief. In reply, DeBose asserts that her motion for
relief was timely because, while Rule 60(b)(2) has a one-year limit,
Rule 60(b)(5) and (b)(6) motions need to be filed only within a rea-
sonable time.
As an initial matter, DeBose does not raise on appeal her ar-
gument below that a change in Florida’s Rule of Professional Con-
duct disqualified the defendant’s attorney. She has, therefore, aban-
doned any argument related to that issue. See Sapuppo, 739, F.3d at
680.
DeBose next challenges the district court’s decision to dis-
miss her case rather than transfer it to another court. But she made
no argument in her Rule 60(b) motion that the district court erred
by dismissing her case instead of transferring it to another district.
Accordingly, we need not reach that argument in this appeal. See
Am. Bankers Ins. Co., 198 F.3d at 1338. In any event, DeBose is at-
tempting to challenge the underlying judgment, which is not be-
fore us on appeal.
Even if the issue were properly before us, the district court
did not abuse its discretion by choosing to dismiss her case instead
of transferring it to another court. Section 1406(a) provides that a
district court “shall dismiss, or if it be in the interest of justice, trans-
fer such case to any district or division in which it could have been
brought.” 28 U.S.C. § 1406(a). We have recognized that district
courts have broad discretion in determining whether to transfer or
dismiss a case. See England v. ITT Thompson Industries, Inc., 856 F.2d
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1518, 1520 (11th Cir. 1988). DeBose conceded that venue was im-
proper and that she was essentially filing in the Northern District
as an attempt to circumvent the Middle District’s filing injunction.
Thus, even apart from the fact that DeBose did not raise her trans-
fer argument in her Rule 60(b) motion, the district court did not
abuse its discretion by dismissing rather than transferring the case.
See McNair, 143 F.4th at 1307.
We next consider DeBose’s argument that the OLR letter
warrants relief under Rule 60(b). DeBose argues that the district
court’s dismissal resulted from a misunderstanding of the connec-
tion between the OLR letter and the Middle District’s injunction.
Because the injunction was based on her alleged professional mis-
conduct, she asserts that OLR’s finding of “no misconduct” directly
rebuts the basis of the restriction. She further argues that the Mid-
dle District injunction’s attorney-signature requirement acts as a
complete foreclosure of her statutory right to represent herself in
court. Because “private counsel is often unavailable for these spe-
cific, complex claims,” she argues that the injunction functions as
an absolute bar to her pursuing her claims.
As to Rule 60(b)(2), DeBose filed her motion more than one
year after entry of judgment. Rule 60(b)(2) relief is therefore una-
vailable to her. See Fed. R. Civ. P. 60(c)(1). Nor may DeBose recast
her Rule 60(b)(2) motion as one under Rule 60(b)(6) to circumvent
the one-year time limit. Rule 60(b)(6) applies only to reasons for
relief “other than the more specific circumstances set out in Rules
60(b)(1)–(5).” Gonzalez, 545 U.S. at 528–29. Because DeBose relies
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on the OLR letter as newly discovered evidence, her argument falls
within Rule 60(b)(2).
The OLR letter likewise does not undermine the basis for
the Middle District’s filing injunction. Indeed, the Middle District
imposed the injunction because it found DeBose’s “duplicitous
lawsuits relitigating the same issues against the same defendants”
to be vexatious. The injunction therefore rested on DeBose’s litiga-
tion history, not on a finding of professional misconduct. A panel
of this Court recently concluded that the OLR letter “is immaterial
to the injunction’s original aims.”
To the extent DeBose argues she is entitled to relief under
Rule 60(b)(5), such relief is not applicable to dismissals because they
are “final and permanent.” Griffin, 787 F.3d at 1092. While the Mid-
dle District’s filing injunction against her may be considered “pro-
spective” within the meaning of Rule 60(b)(5), any challenge to the
injunction itself must be brought in that court, not through a col-
lateral attack in another district. Alley, 590 F.3d at 1204. Because the
Middle District retained continuing authority to supervise and
modify its injunction, the Northern District’s vacatur or modifica-
tion of that injunction would have “involve[d] it in a serious inter-
ference with or usurpation of another court’s continuing power to
supervise and modify its injunctions.” Mann Mfg., Inc., 439 F.2d at
408. The Middle District filing injunction only bars DeBose from
filing new complaints, petitions, or claims against USF or related to
her employment with USF and ensuing litigation. Accordingly,
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12 Opinion of the Court 26-10006
nothing in the injunction prevents DeBose from challenging its va-
lidity in the Middle District.
Finally, DeBose has not shown that the circumstances are
“sufficiently extraordinary to warrant relief” under Rule 60(b)(6),
Cano, 435 F.3d at 1342. The district court did not abuse its discre-
tion in denying DeBose’s Rule 60(b) motion. See McNair, 143 F.4th
at 1307.
IV. CONCLUSION
We AFFIRM the district court’s order denying DeBose’s
motion for relief from judgment.