Legal Opinion · Concurrence

Garcia v. Universal Constructors, Inc.

New Mexico Court of Appeals

Decided June 12, 1970No. 455Published

1Concurrence

OMAN, Judge,

specially concurring.

I concur in the opinion authored by Chief Judge SPIESS and concurred in by Judge, HENDLEY, but I do so reluctantly as to that portion thereof relating to the City of Albuquerque. I concur in that portion of the opinion solely because of the decision in Clodfelter v. Reynolds, 68 N.M. 61, 358 P.2d 626 (1961), which I believed to be in error, insofar as it holds that a “transcript of proceedings” may properly become a part of the record on appeal absent compliance with Supreme Court Rule 13(4), (5), (6), (7) and (8) [§ 21-2-1(13) (4) (5) (6) (7) & (8),…

2Cases cited18 opinions

  1. State v. UptonNew Mexico Supreme Court · 1955
  2. State v. EdwardsNew Mexico Supreme Court · 1950
  3. Martin v. New York Life Ins. Co.New Mexico Supreme Court · 1923
  4. Clodfelter v. ReynoldsNew Mexico Supreme Court · 1961
  5. Burnham-Hanna-Munger Dry Goods Co. v. HillNew Mexico Supreme Court · 1912

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