Legal Opinion

Marquez v. Larrabee

New Mexico Court of Appeals

Decided July 21, 2016No. Docket 33,370PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HANISEE, Judge.

{1} Defendants-Appellants G&D Construction, Inc., Melville Hedges, Juanita Gail Hedges, Frank Larrabee and Larrabee Inc. appeal from the district court’s denial of their motion to set aside a default judgment under Rule 1-060(B)(6) NMRA. The district court entered the default judgment as a sanction pursuant to Rule l-037(B)(2)(c) NMRA and awarded Plaintiff compensatory and punitive damages as well as attorney fees and costs. Although the conduct of Defendants’ attorney may have warranted the district court’s sanction, we hold that the district court abused its discretion…

2Cases cited17 opinions

  1. Shepard Claims Service, Inc. v. William Darrah & Associates, a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1986
  2. Community Dental Services, Dba Smilecare Dental Group v. Stuart Tani, DdsCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. 7108 West Grand Avenue, Chicago, Illinois, Feliberto Flores and Isabellita Flores, Claimants-AppellantsCourt of Appeals for the Seventh Circuit · 1994
  4. L. P. Steuart, Inc. v. Joseph H. MatthewsCourt of Appeals for the D.C. Circuit · 1964
  5. Lester Jackson v. The Washington Monthly Co.Court of Appeals for the D.C. Circuit · 1978

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3Cited by2 opinions

  1. Rogers v. Bd. of Comm'rs of Torrance Cty.New Mexico Court of Appeals · 2019
  2. U.S. Bank National Association v. SandovalNew Mexico Court of Appeals · 2017

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