Legal Opinion
Cortez v. Cortez
New Mexico Court of Appeals
Decided October 9, 2007No. 27,629PublishedCited by 4 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} The issue presented in this case is whether depositing a check in the mail on the date that payment is due pursuant to a Stipulated Final Judgment of Dissolution of Marriage (Stipulated Judgment) satisfies the obligation to pay on that date. The district court concluded that the payment was timely. We hold that depositing the check in the mail on the due date did not constitute payment on that date because the terms of the Stipulated Judgment did not authorize payment by mail, and there was no course of dealing between the parties reflecting an agreement that…
2Cases cited24 opinions
- Nguyen v. CalhounCalifornia Court of Appeal · 2003
- Nearburg v. Yates Petroleum Corp.New Mexico Court of Appeals · 1997
- Levenson v. MobleyNew Mexico Supreme Court · 1987
- Davies v. BoydNew Mexico Supreme Court · 1963
- Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
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3Cited by4 opinions
- Montano v. New Mexico Real Estate Appraiser's BoardNew Mexico Court of Appeals · 2008
- Cortez v. CortezNew Mexico Supreme Court · 2009
- State v. HardyNew Mexico Court of Appeals · 2012
- Lovelace v. Funding ConnectionNew Mexico Court of Appeals · 2010