Ortiz v. Ortiz & Torres Dri-Wall Company

I dissent here solely to illustrate how confusion, contradiction and conflict intermingle in New Mexico decisions. Rules of law and judicial decisions are often interpreted by appellate judges, including the writer of this opinion, to serve a personal sense of justice. That is why conflicting opinions parade down through New Mexico judicial history.

In this case, the plaintiff did not challenge the trial court’s findings pursuant to §21-2-1(15) (16), N.M.S.A.1953 (Repl.Vol. 4). This rule reads in part:

If any finding is challenged, it musí be so indicated by a parenthetical note referring to…