Legal Opinion

Franco v. Federal Building Service, Inc.

New Mexico Supreme Court

Decided July 13, 1982No. 13748PublishedCited by 9 opinions

1Opinion of the Court

OPINION

PAYNE, Justice.

This case involves a race to the courthouse in a contract dispute between residents of Eddy and Bernalillo Counties. One party reached the courthouse first but the others perfected service of process first. While motions were pending in the first suit filed, a default judgment was entered in the other suit. The defaulted party appeals.

Lorenzo and Maria Franco entered into a home improvement contract with Federal Building Service (Federal). A dispute arose over the adequacy of Federal’s performance. After several months of negotiations, Federal, on February 24, 1981,…

2Cases cited3 opinions

  1. General Telephone Corporation v. General Telephone Answering ServiceCourt of Appeals for the Fifth Circuit · 1960
  2. Springer Corporation v. HerreraNew Mexico Supreme Court · 1973
  3. Wooley v. WickerNew Mexico Supreme Court · 1965

3Cited by9 opinions

  1. Rodriguez v. ConantNew Mexico Supreme Court · 1987
  2. Chase v. Contractors' Equipment & Supply Co.New Mexico Court of Appeals · 1983
  3. New Mexico Educators Federal Credit Union v. WoodsNew Mexico Supreme Court · 1984
  4. DeFillippo v. NeilNew Mexico Court of Appeals · 2002
  5. Jordan v. Daniels Insurance Agency, Inc.New Mexico Supreme Court · 1984

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