Legal Opinion · Concurrence
Gonzales v. Stanke-Brown & Associates, Inc.
New Mexico Court of Appeals
Decided July 1, 1982No. 5462Published
1ConcurrenceSutin, Judge
(specially concurring).
I specially concur.
The opinion states:
The reasoning by which the result was reached in Powers [Powers v. Riccobene Masonry Const., Inc., 97 N.M. 20, 636 P.2d 291 (Ct.App.1980) ] is an aberration; the reasoning departs from both judicial decisions and the statutory law of New Mexico.
It also states:
* * * Powers was incorrectly decided.
In Powers, certiorari was granted and then quashed. Powers does not represent the views of the Supreme Court.
“A denial of certiorari imports nothing as to the merits of the case. All it means is that, for whatever reasons, there were not…
2Cases cited9 opinions
- Charles Ben Howell v. Clarence Jones, SheriffCourt of Appeals for the Fifth Circuit · 1975
- West Point Island Civic Ass'n v. Tp. Com. of Dover Tp.Supreme Court of New Jersey · 1969
- State v. ChisholmSupreme Court of Connecticut · 1967
- State v. JacquesNew Jersey Superior Court Appellate Division · 1968
- Powers v. Riccobene Masonry Construction, Inc.New Mexico Court of Appeals · 1981
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