vacate

A vacated judgment is the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court. A trial court also has the power, under certain circumstances (usually involving fraud or lack of jurisdiction over the parties to a case) to vacate its own judgments. Relief from judgment in the United States district courts is governed by Rule 60 of the Federal Rules of Civil Procedure. A vacated judgment makes the original judgment legally void. A vacated judgment frees the parties to re-litigate the issues subject to the vacated judgment.
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vacate
\va"cate\ (?), v. t. [imp. & p. p. vacated (?); p. pr. & vb. n. vacating.] [l. vacare, vacatum, to be empty. see vacant.]
1. to make vacant; to leave empty; to cease from filling or occupying; as, it was resolved by parliament that james had vacated the throne of england; the tenant vacated the house.
2. to annul; to make void; to deprive of force; to make of no authority or validity; as, to vacate a commission or a charter; to vacate proceedings in a cause. that after act vacating the authority of the precedent. the necessity of observing the jewish sabbath was vacated by the apostolical institution of the lord's day. nelson.
3. to defeat; to put an end to. [r.] he vacates my revenge.
vacate
v
1. leave voluntarily; of a job, post or position; "she vacated the position when she got pregnant" [syn: renounce, resign, give up]


2. leave behind empty; move out of; "you must vacate your office by tonight" [syn: empty, abandon]


3. annul by recalling or rescinding; "he revoked the ban on smoking"; "lift an embargo"; "vacate a death sentence" [syn: revoke, annul, lift, countermand, reverse, repeal, overturn, rescind]