Legal Opinion
Courtney v. Nathanson
New Mexico Court of Appeals
Decided July 30, 1991No. 12569PublishedCited by 8 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
Plaintiff appeals from a judgment awarding her $4000 in damages as a result of injuries suffered in a motor vehicle accident. She contends that the collateral source rule was violated and that the verdict was the result of passion, prejudice, or undue influence. Defendant has moved to dismiss the appeal on the ground that plaintiff has accepted the benefit of the judgment by receiving payment in full from defendant. We grant the motion and dismiss the appeal.
The general rule is that a party waives her right to appeal when she accepts the benefit of a judgment. See State v.…
2Cases cited9 opinions
- Matter of Adoption of DoeNew Mexico Supreme Court · 1984
- Schubert v. ReichCalifornia Supreme Court · 1950
- First National Bank v. Energy Equities Inc.New Mexico Court of Appeals · 1977
- Hiatt v. KeilNew Mexico Supreme Court · 1987
- ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lucero v. Aladdin Beauty Colleges, Inc.New Mexico Supreme Court · 1994
- Sanchez v. WileyNew Mexico Court of Appeals · 1997
- Krahling v. Executive Life InsuranceNew Mexico Court of Appeals · 1998
- Cheesecake Factory, Inc. v. BainesNew Mexico Court of Appeals · 1998
- Marchand v. MarchandNew Mexico Court of Appeals · 2007
3 more not listed; retrieve them via the Exa API.