Legal Opinion

Summit Electric Supply Co. v. Rhodes & Salmon, P.C.

New Mexico Court of Appeals

Decided July 8, 2010No. 28,284; 32,540PublishedCited by 13 opinions

1Opinion of the Court

OPINION

ROBLES, Judge.

{1} Summit Electric Supply Company, Inc. (Summit) and SE Technologies, Inc. (SE) (collectively, Plaintiffs) appeal the district court’s dismissal for failure to prosecute pursuant to Rule 1-041(E) NMRA. After review, we reverse the district court.

I. BACKGROUND

{2} Plaintiffs, represented by the same attorney, filed a complaint on July 18, 2002. The record reveals that Plaintiffs pursued their claim for nearly a year before SE filed for bankruptcy in federal court on June 27, 2003 and notified the district court of the bankruptcy action on July 8, 2003. Rhodes & Salmon,…

2Cases cited12 opinions

  1. Martin v. Leonard Motor-El PasoNew Mexico Supreme Court · 1965
  2. State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
  3. Vigil v. Thriftway Marketing Corp.New Mexico Court of Appeals · 1994
  4. Sewell v. WilsonNew Mexico Court of Appeals · 1982
  5. Stoll v. DowNew Mexico Court of Appeals · 1986

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3Cited by13 opinions

  1. N.M. Uninsured Employers' Fund v. GallegosNew Mexico Court of Appeals · 2017
  2. Carrington Mortgage Services, LLC v. PadillaNew Mexico Court of Appeals · 2017
  3. Corral v. McCarthyNew Mexico Court of Appeals · 2011
  4. Director of Labor Relations v. N.M. Leisure Inc.New Mexico Court of Appeals · 2020
  5. HSBC Bank v. Llave EnterprisesNew Mexico Court of Appeals · 2016

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