Cottonwood Enterprises v. McAlpin
New Mexico Supreme Court
1Opinion of the Court
OPINION
BACA, Justice.
Plaintiff appeals the dismissal of its claim based on an SCRA 1986, 1-041(E) motion to dismiss for inactivity, arguing that the trial court’s grant of the motion constituted abuse of discretion. Plaintiff also contends that dismissal pursuant to defendants’ SCRA 1986, 1-012(B)(6) motion for failure to state a claim upon which relief can be granted and defendants’ SCRA 1986, 1-012(B)(7) motion for failure to join a necessary party would have been erroneous. We reverse the trial court’s grant of the 1-041(E) motion, which dismissed the cause with prejudice for inactivity,…
2Cases cited9 opinions
- Martin v. Leonard Motor-El PasoNew Mexico Supreme Court · 1965
- State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
- Smith v. WalcottNew Mexico Supreme Court · 1973
- Stoll v. DowNew Mexico Court of Appeals · 1986
- Pettine v. RogersNew Mexico Supreme Court · 1958
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3Cited by6 opinions
- Summit Electric Supply Co. v. Rhodes & Salmon, P.C.New Mexico Court of Appeals · 2010
- Amica Mutual Insurance v. McRostieNew Mexico Court of Appeals · 2006
- Cottonwood Enterprises v. McAlpinNew Mexico Supreme Court · 1991
- Rodriguez v. SanchezNew Mexico Court of Appeals · 2019
- New Mexico Water Quality Control Commission v. Emerald Corp.New Mexico Court of Appeals · 1991
1 more not listed; retrieve them via the Exa API.