Legal Opinion
Jones v. Montgomery Ward & Co.
New Mexico Court of Appeals
Decided October 10, 1985No. 7450PublishedCited by 2 opinions
1Opinion of the Court
OPINION
ALARID, Judge.
This case comes before this court on remand from the supreme court, 103 N.M. 45, 702 P.2d 990 after that court reversed our first opinion, which sustained the trial court’s dismissal of plaintiff’s action under NMSA 1978, Civ.P.R. 41(e) (Repl.Pamp. 1980). In its opinion, the supreme court directed this court to consider the remaining issue which challenges the district court’s dismissal under NMSA 1978, Civ. P.R. 25(a) (Repl.Pamp.1980). We hold that dismissal was not proper under Rule 25(a) and reverse the trial court.
FACTS
This action arose out of a one-vehicle,…
2Cases cited13 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
- Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
- Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
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3Cited by2 opinions
- Henry v. DanielNew Mexico Court of Appeals · 2003
- John Barbell v. Amerada Hess Corporation; Hess Oil Virgin Islands Corporation; Litwin Corporation; and Universal Oil Products also known as U.O.P.Superior Court of The Virgin Islands · 2020