JMB Retail Properties Co. v. Eastburn

OPINION

RANSOM, Chief Justice.

JMB Retail Properties Company filed with the clerk of the district court a peremptory election to excuse the Honorable Benjamin S. Eastburn, the district judge before whom was pending a case in which JMB had been sued. See NMSA 1978, § 38-3-9 (Repl.Pamp.1987) (peremptory challenge to a district judge); SCRA 1986, 1-088.1(B)(2) (defendant’s peremptory challenge to a district judge). Judge Eastburn entered an order denying the election to excuse and, pursuant to SCRA 1986, 12-504, JMB petitioned this Court for a writ of superintending control, prohibition, or…