Legal Opinion
Dawley v. La Puerta Architectural Antiques, Inc.
New Mexico Court of Appeals
Decided December 19, 2002No. 22,063PublishedCited by 11 opinions
1Opinion of the Court
OPINION
BOSSON, Chief Judge.
{1} In this appeal from a judgment for the tort of malicious abuse of process, we discuss the element of misuse of process in the context of a civil lawsuit for damages filed without probable cause. Finding that substantial evidence supports the district court’s conelusion that the underlying lawsuit was brought without the necessary probable cause, we affirm the judgment. We also discuss the contours of when a trial judge must recuse upon being accused of bias and partiality toward one of the parties.
BACKGROUND
{2} In February 1997, James Dawley and La Puerta…
2Cases cited15 opinions
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
- New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
- Las Cruces Professional Fire Fighters & International Ass'n of Fire Fighters v. City of Las CrucesNew Mexico Court of Appeals · 1996
- DeVaney v. Thriftway Marketing Corp.New Mexico Supreme Court · 1997
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3Cited by11 opinions
- Anderson Development Co. v. TobiasUtah Supreme Court · 2005
- Talbott v. Roswell Hospital Corp.New Mexico Court of Appeals · 2005
- Guest v. BerardinelliNew Mexico Court of Appeals · 2008
- Pincheira v. Allstate InsuranceNew Mexico Supreme Court · 2008
- TK Power, Inc. v. Textron, Inc.District Court, N.D. California · 2006
6 more not listed; retrieve them via the Exa API.