Legal Opinion
Southwest Underwriters v. Montoya
New Mexico Supreme Court
Decided March 24, 1969No. 8710PublishedCited by 15 opinions
1Opinion of the Court
OPINION
NOBLE, Chief Justice.
The Supreme Court adopted Rule of Civil Procedure 41(e), effective September 20, 1942, requiring the dismissal with prejudice of civil cases or proceedings in which the plaintiff or cross-complainant has failed to take action to bring such case to its final determination within two years after filing the complaint or cross-complaint. The New Mexico legislature, by ch. 132, Laws of 1965, purported to amend this rule by extending the time within which the plaintiff or cross-complainant must take such action to three years, and exempting cases and proceedings in which…
2Cases cited10 opinions
- State v. RoyNew Mexico Supreme Court · 1936
- State v. ArnoldNew Mexico Supreme Court · 1947
- Arizona Podiatry Ass'n v. Director of InsuranceArizona Supreme Court · 1966
- Kolkman v. PeopleSupreme Court of Colorado · 1931
- City of Roswell v. HolmesNew Mexico Supreme Court · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lovelace Medical Center v. Mendez Ex Rel. MendezNew Mexico Supreme Court · 1991
- State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
- Smith v. WalcottNew Mexico Supreme Court · 1973
- State Ex Rel. Gesswein v. GalvanNew Mexico Supreme Court · 1984
- State v. DoeNew Mexico Court of Appeals · 1977
10 more not listed; retrieve them via the Exa API.