Rupp v. Hurley

OPINION

BUSTAMANTE, Judge.

{1} This case aptly illustrates the observation that procedural miscues can produce quite substantive consequences. The district court dismissed Plaintiffs medical malpractice action against her treating physicians because “Plaintiff failed to exercise reasonable diligence in serving process on the Defendant Doctors.” Plaintiff appeals the dismissal, arguing that under Rules 1 — 012(G) and 1-012(H) NMRA 1999, Defendants waived the right to challenge the sufficiency of service upon them because they did not raise the issue in their first answer or in their first motion…