Legal Opinion
Dona Ana Savings & Loan Ass'n, F.A. v. Mitchell
New Mexico Court of Appeals
Decided April 30, 1991No. 12051PublishedCited by 9 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
Anthony Avallone (attorney) appeals the district court’s order imposing a $250 fine against him as a sanction for violating SCRA 1986, 1-011 (Cum.Supp.1990) (Rule 11). He raises three issues on appeal: (1) the district court lacked jurisdiction to impose Rule 11 sanctions, claiming that the sanctions proceeding was criminal in nature and no sworn statement or complaint was filed; (2) the findings were flawed for lack of a finding of subjective bad faith and no showing that the findings made were based on proof beyond a reasonable doubt; and (3) extrajudicial bias and…
2Cases cited17 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Business Guides, Inc. v. Chromatic Communications Enterprises, Inc.Supreme Court of the United States · 1991
- Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
- Jurldine A. Donaldson v. Paul v. ClarkCourt of Appeals for the Eleventh Circuit · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Benavidez v. BenavidezNew Mexico Court of Appeals · 2006
- State v. NgoNew Mexico Court of Appeals · 2001
- Bernier v. BernierNew Mexico Court of Appeals · 2013
- Bernier v. BernierNew Mexico Supreme Court · 2013
- Bernier v. BernierNew Mexico Court of Appeals · 2013
4 more not listed; retrieve them via the Exa API.