Legal Opinion

Cruz v. FTS Construction, Inc.

New Mexico Court of Appeals

Decided June 29, 2006No. 25,708PublishedCited by 13 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

{1} This ease involves two lawsuits — one that is presently pending before the district court on de novo appeal from the magistrate court and one (the action on appeal here) that was originally filed in the district court. We examine a doctrine most recently articulated in Valdez v. Ballenger, 91 N.M. 785, 786, 581 P.2d 1280, 1281 (1978), which we term “priority jurisdiction.” The purpose of the doctrine is to prevent the same lawsuit from being litigated twice. We hold that under the circumstances of this ease, the district court did not err in dismissing Plaintiffs…

2Cases cited31 opinions

  1. Boddie v. ConnecticutSupreme Court of the United States · 1971
  2. Trujillo v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  3. Long v. McKinneyMississippi Supreme Court · 2004
  4. In Re ReevesCalifornia Supreme Court · 2005
  5. Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003

26 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. G.C. Wallace, Inc. v. Eighth Judicial District Court ex rel. County of ClarkNevada Supreme Court · 2011
  2. White v. FarrisNew Mexico Court of Appeals · 2021
  3. Allstate Fire and Casualty Insurance Company v. SharpDistrict Court, D. New Mexico · 2019
  4. Darnell v. Zia Trust, Inc.District Court, D. New Mexico · 2022
  5. Derringer v. ChapelNew Mexico Court of Appeals · 2011

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API