Legal Opinion
Century Bank v. Hymans
New Mexico Court of Appeals
Decided August 1, 1995No. 16438PublishedCited by 16 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
After paying a judgment to avoid a foreclosure sale, Stewart Hymans decided that he had paid more than what was required by the judgment. He sought relief by a motion filed in the same proceeding in which the judgment had been entered. The district court denied the motion and Hymans appeals. His appeal requires us not only to construe the judgment but also to determine whether Hymans followed proper procedure in pursuing relief. We hold that Hymans’ motion was authorized by SCRA 1986, 1-060(A) (Repl.1992); the motion was timely; his notice of appeal was timely; and he is…
2Cases cited19 opinions
- Martha Robi v. Five Platters, Inc., Jean Bennett, and Buck RamCourt of Appeals for the Ninth Circuit · 1990
- United States of America, Plaintiff-Appellee--Cross-Appellant v. Jack Griffin, Appeal of Merrill Moores, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Hanil Bank v. MichelmanSupreme Court of the United States · 1987
- Margaret Trujillo v. Longhorn Manufacturing Company, Inc.Court of Appeals for the Tenth Circuit · 1982
- Phelps Dodge Corp. v. GuerraNew Mexico Supreme Court · 1978
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- GCM, Inc. v. Kentucky Central Life InsuranceNew Mexico Supreme Court · 1997
- Martinez v. FriedeNew Mexico Supreme Court · 2004
- State v. PaizNew Mexico Supreme Court · 2011
- A.D. Powers v. MillerNew Mexico Court of Appeals · 1999
- US West Communications, Inc. v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 1999
11 more not listed; retrieve them via the Exa API.