Legal Opinion

Herrera v. Health and Social Services

New Mexico Court of Appeals

Decided November 7, 1978No. 3329PublishedCited by 6 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge.

Roberto Herrera, appellant, has appealed a decision of the Health and Social Services Department, appellee, denying him benefits under the New Mexico Special Medical Needs Act, § 13-15-1, et seq., N.M.S.A. 1953 (Repl. Vol. 3, pt. 1, 1976). We reverse and remand.

The primary issue on appeal is whether the decision of the appellee was arbitrary and capricious, not supported by substantial evidence, or not otherwise in accordance with the law. Section 13-18 — 4 F(l), (2), (3), N.M.S.A. 1953 (Repl. Vol. 3, pt. 1,1976). If this decision is of such a nature, this Court has the…

2Cases cited18 opinions

  1. Lewis v. MartinSupreme Court of the United States · 1970
  2. Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
  3. LeClert v. LeClertNew Mexico Supreme Court · 1969
  4. In Re White's EstateNew Mexico Supreme Court · 1937
  5. State v. OrzenNew Mexico Court of Appeals · 1972

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3Cited by6 opinions

  1. Delph v. Potomac InsuranceNew Mexico Supreme Court · 1980
  2. Estate of Fulmer v. CommissionerUnited States Tax Court · 1984
  3. United States v. Itt Consumer Financial Corporation, and Aetna Finance Company, Delaware CorporationsCourt of Appeals for the Ninth Circuit · 1987
  4. Central Adjustment Bureau, Inc. v. ThevenetNew Mexico Supreme Court · 1984
  5. St. Joseph's Hospital & Medical Center v. Maricopa CountyCourt of Appeals of Arizona · 1989

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

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