Legal Opinion
Federal Nat'l Mortg. Ass'n v. Chiulli
New Mexico Court of Appeals
Decided June 27, 2018No. A-1-CA-35454PublishedCited by 3 opinions
1Opinion of the Court
VIGIL, Judge.
{1} In this case the district court dismissed the complaint to foreclose on a note and mortgage brought by Sun Trust Mortgage, Inc. (SunTrust) "with prejudice" as a discovery sanction. An appeal from the order of dismissal with prejudice was taken but then abandoned. In subsequent proceedings brought by the borrower, Stephen Chiulli, to enforce the order, the district court explained that when it dismissed the foreclosure complaint "with prejudice" it intended to extinguish all rights SunTrust had under the note and mortgage. The district court therefore ordered that no further…
2Cases cited22 opinions
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
- State v. NunezNew Mexico Supreme Court · 1999
- State Ex Rel. New Mexico State Highway & Transportation Department v. BacaNew Mexico Supreme Court · 1995
- Afolabi v. Atlantic Mortgage & Investment Corp.Indiana Court of Appeals · 2006
- U.S. Bank National Ass'n v. GullottaOhio Supreme Court · 2008
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3Cited by3 opinions
- LSF9 Master Participation Trust v. SanchezNew Mexico Court of Appeals · 2018
- Fed. Nat'l Mortg. Ass'n v. TrissellNew Mexico Court of Appeals · 2021
- Serrano v. Los Alamos National LabNew Mexico Court of Appeals · 2018