Legal Opinion

Cottonwood Enterprises v. McAlpin

New Mexico Supreme Court

Decided October 30, 1989No. 18199PublishedCited by 6 opinions

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

  1. Martin v. Leonard Motor-El PasoNew Mexico Supreme Court · 1965
  2. State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
  3. Smith v. WalcottNew Mexico Supreme Court · 1973
  4. Stoll v. DowNew Mexico Court of Appeals · 1986
  5. Pettine v. RogersNew Mexico Supreme Court · 1958

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3Cited by6 opinions

  1. Summit Electric Supply Co. v. Rhodes & Salmon, P.C.New Mexico Court of Appeals · 2010
  2. Amica Mutual Insurance v. McRostieNew Mexico Court of Appeals · 2006
  3. Cottonwood Enterprises v. McAlpinNew Mexico Supreme Court · 1991
  4. Rodriguez v. SanchezNew Mexico Court of Appeals · 2019
  5. 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.

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