Legal Opinion
Amica Mutual Insurance v. McRostie
New Mexico Court of Appeals
Decided February 3, 2006No. 25,432PublishedCited by 9 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} New Mexico has a savings statute which states that once a suit has been commenced, if it “fail[s] ... for any cause, except negligence in its prosecution,” a second suit can be brought within six months and the second suit will be considered a continuation of the first suit. NMSA 1978, § 37-1-14 (1880). This statute has the effect of preventing a statute of limitations from barring a suit where the original suit was brought in a timely fashion but the statute ran before the second suit was filed. See Gathman-Matotan Architects & Planners, Inc. v. State Dep’t of Fin. &…
2Cases cited12 opinions
- Martinez v. Research Park, Inc.New Mexico Supreme Court · 1965
- Stinson v. BerryNew Mexico Court of Appeals · 1997
- Rivera v. KingNew Mexico Court of Appeals · 1988
- Gathman-Matotan Architects & Planners, Inc. v. StateNew Mexico Supreme Court · 1990
- Lakeview Investments, Inc. v. Alamogordo Lake Village, Inc.New Mexico Supreme Court · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Foster v. Sun Healthcare Group, Inc.New Mexico Court of Appeals · 2012
- Zangara v. LSF9 Master Participation Tr.New Mexico Supreme Court · 2024
- Foster v. Sun Healthcare Group, Inc.New Mexico Court of Appeals · 2012
- Financial Indem. Co. v. CordobaNew Mexico Court of Appeals · 2011
- Moreno v. Devon Energy CorporationDistrict Court, D. New Mexico · 2023
4 more not listed; retrieve them via the Exa API.