Legal Opinion
Cottonwood Enterprises v. McAlpin
New Mexico Supreme Court
Decided May 2, 1991No. 19075PublishedCited by 6 opinions
1Opinion of the Court
OPINION
SOSA, Chief Justice.
The factual background of this case is set forth in Cottonwood Enterprises v. McAlpin, 109 N.M. 78, 781 P.2d 1156 (1989). In that opinion we reversed the district court’s grant of a Rule 41(E) motion, which dismissed the cause with prejudice for inactivity, and remanded to the court for consideration of Territorial’s Rule 12(B)(6) motion to dismiss and the McAlpins’ Rule 12(B)(6) and (7) motions to dismiss.
On remand, the district court dismissed the first amended complaint against Territorial based upon two rulings: that it was barred by the four-year statute of…
2Cases cited13 opinions
- Schear v. Board of County CommissionersNew Mexico Supreme Court · 1984
- Calkins v. Cox EstatesNew Mexico Supreme Court · 1990
- Martinez v. Research Park, Inc.New Mexico Supreme Court · 1965
- Baxter Ex Rel. Estate of Baxter v. NoceNew Mexico Supreme Court · 1988
- Cano v. LovatoNew Mexico Court of Appeals · 1986
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3Cited by6 opinions
- Hulse v. First American Title Co. of Crook CountyWyoming Supreme Court · 2001
- Bernalillo County Deputy Sheriffs Ass'n v. County of BernalilloNew Mexico Supreme Court · 1992
- Ruiz v. GarciaNew Mexico Supreme Court · 1993
- Mai v. GermanNebraska Supreme Court · 2023
- Beaudry v. Farmers Ins. Exch.New Mexico Court of Appeals · 2016
1 more not listed; retrieve them via the Exa API.