Legal Opinion

Sunwest Bank of Albuquerque, N.A. v. Colucci

New Mexico Supreme Court

Decided March 10, 1994No. 20673PublishedCited by 31 opinions

1Opinion of the Court

OPINION

MONTGOMERY, Chief Justice.

The principal issue in this case, discussed later in this opinion, relates to a subject arising frequently in New Mexico caselaw— prejudgment interest. We seek to clarify the circumstances under which each of the two New Mexico statutes governing an award of prejudgment interest, NMSA 1978, Sections 56-8-3 (Repl.Pamp.1986) and 56-8-4(B) (Cum.Supp.1993), is applied.

The ease consists of an appeal and a cross-appeal from a judgment awarding a bank restitution for a mistaken payment. On appeal, the recipient of the payment argues that the trial court misapplied…

2Cases cited24 opinions

  1. Loucks v. Albuquerque National BankNew Mexico Supreme Court · 1966
  2. Shaeffer v. KeltonNew Mexico Supreme Court · 1980
  3. Mascarenas v. JaramilloNew Mexico Supreme Court · 1991
  4. Hydro Conduit Corp. v. KembleNew Mexico Supreme Court · 1990
  5. Golden Cone Concepts, Inc. v. Villa Linda Mall, Ltd.New Mexico Supreme Court · 1991

19 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Gonzales v. Surgidev Corp.New Mexico Supreme Court · 1995
  2. Ponder v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2000
  3. Public Service Co. v. Diamond D Construction Co.New Mexico Court of Appeals · 2001
  4. State Ex Rel. King v. B&B Investment Group, Inc.New Mexico Supreme Court · 2014
  5. Weidler v. Big J Enterprises, Inc.New Mexico Court of Appeals · 1997

26 more not listed; retrieve them via the Exa API.

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