Legal Opinion

Henry v. Daniel

New Mexico Court of Appeals

Decided November 12, 2003No. 23,356PublishedCited by 2 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} This case requires us to construe Rule 1-025 NMRA 2003, which prescribes the timing and procedures to follow when a party to a lawsuit dies and a substitute party must be named. The trial court dismissed the complaint with prejudice on the ground that no motion to substitute parties was filed within ninety days after Robert L. Daniel (Defendant) filed a suggestion of Linda Ray Henry’s (Plaintiff) death. We reverse, holding that the suggestion of death was not properly served on any successor non-parties to commence running of the ninety days.

FACTS

{2} Plaintiff filed a…

2Cases cited11 opinions

State v. RowellNew Mexico Supreme Court · 1995
State v. SalazarNew Mexico Supreme Court · 1997
Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
Pope v. Gap, Inc.New Mexico Court of Appeals · 1998
In re Michael L.New Mexico Court of Appeals · 2002

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3Cited by2 opinions

Bankers Trust Co. of California v. BacaNew Mexico Court of Appeals · 2006
Valle v. N.M. Dep't Transp.New Mexico Court of Appeals · 2024