Legal Opinion
Merrill v. Tabachin, Inc.
New Mexico Supreme Court
Decided December 21, 1988No. 17743PublishedCited by 5 opinions
1Opinion of the Court
OPINION
WALTERS, Justice.
On March 30, 1988, the district court refused to set aside a default judgment for $172,129.88 entered against defendant. Two issues are raised on appeal: whether Tabachin, Inc. entered an appearance and was entitled to written notice prior to default; and whether Tabachin otherwise demonstrated grounds for setting aside the judgment. We hold that no appearance was entered and that the court did not abuse its discretion in denying defendant’s motion to vacate the default judgment.
Facts
Pedro Zaragosa Fuentes, a Mexican national and president of Tabachin, Inc., allegedly…
2Cases cited4 opinions
- Rodriguez v. ConantNew Mexico Supreme Court · 1987
- Dean Witter Reynolds, Inc. v. RovenNew Mexico Supreme Court · 1980
- Gengler v. PhelpsNew Mexico Court of Appeals · 1976
- Mayfield v. Sparton Southwest, Inc.New Mexico Supreme Court · 1970
3Cited by5 opinions
- Seek Systems, Inc. v. Lincoln Moving/Global Van Lines, Inc.Court of Appeals of Washington · 1991
- Adams v. Para-Chem Southern, Inc.New Mexico Court of Appeals · 1998
- State Ex Rel. New Mexico State Police Department v. One 1984 Pontiac 6000New Mexico Court of Appeals · 1990
- SUN COUNTRY SAV. BANK OF NEW MEXICO v. McDowellNew Mexico Supreme Court · 1989
- Sun Country Savings Bank v. McDowellNew Mexico Supreme Court · 1989