Legal Opinion

Martinez v. Friede

New Mexico Court of Appeals

Decided February 27, 2003No. 22,442PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ALARID, Judge.

{1} This case requires us to determine the point in time at which a trial court’s jurisdiction to grant a motion for a new trial terminates. We hold on the facts of this case that the trial court’s jurisdiction terminated by operation of law thirty days after the motion for new trial was filed. As a consequence, the trial court’s order purporting to grant a new trial more than thirty days after the motion was filed is void, as are the proceedings conducted pursuant to that void order.

BACKGROUND

{2} Plaintiff-Appellee, Diane Martinez, was injured in an automobile accident.…

2Cases cited11 opinions

  1. State v. RoyNew Mexico Supreme Court · 1936
  2. Chavez-Rey v. MillerNew Mexico Court of Appeals · 1982
  3. Wagner Land and Investment Co. v. HaldermanNew Mexico Supreme Court · 1972
  4. Jones v. PollockNew Mexico Supreme Court · 1963
  5. In Re Doe, IIINew Mexico Court of Appeals · 1975

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3Cited by1 opinion

  1. Martinez v. FriedeNew Mexico Supreme Court · 2004

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