Ridley v. First National Bank in Albuquerque

I dissent.

The sole issue on appeal is whether the trial judge erred in ordering this suit to proceed as a class action pursuant to Rule 23(a)(3) of the Rules of Civil Procedure [§ 21-1-1(23) (a) (3), N.M.S.A.1953 (Repl. Vol. 4)]. The overwhelming weight of authority supports the trial judge’s order.

There is no case law on the New Mexico class action statute or on the precise issues involved in § 50A-9-504, N.M.S.A.1953 (Repl.Vol. 8, pt. 1, 1962) of the Uniform Commercial Code. It is necessary to analyze in some detail the way other jurisdictions have developed the law on the issues raised…