Legal Opinion
Myers Ex Rel. White v. Kapnison
New Mexico Court of Appeals
Decided July 12, 1979No. 4058PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.. We granted an interlocutory appeal under § 39-3-4, N.M.S.A.1978 to review the trial court’s order striking plaintiff’s jury demand. We hold that the jury demand was waived because not timely filed under Rule of Civ.Proc. 38. We also hold the trial court did not err in refusing to order a jury trial under Rule of Civ.Proc. 39(a).
The complaint was filed October 17, 1978. The attorney for defendants accepted service on October 20, 1978. On November 20, 1978 an attorney for plaintiff contacted a secretary for defendants’ attorney and was advised that the answer had been…
2Cases cited17 opinions
- State v. HargroveNew Mexico Court of Appeals · 1970
- State v. McHorseNew Mexico Court of Appeals · 1973
- Gendron v. Calvert Fire Ins. Co.New Mexico Supreme Court · 1943
- Adams v. TatschNew Mexico Supreme Court · 1961
- Timmons v. United StatesCourt of Appeals for the Fourth Circuit · 1952
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kaiser v. DeCarreraNew Mexico Supreme Court · 1996
- Aspen Landscaping, Inc. v. Longford Homes of New Mexico, Inc.New Mexico Court of Appeals · 2004
- Rogers v. StateNew Mexico Court of Appeals · 1980
- Schneider National Inc. v. State, Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2006
- Estate of Griego Ex Rel. Griego v. Reliance Standard Life InsuranceNew Mexico Court of Appeals · 2000
6 more not listed; retrieve them via the Exa API.