Legal Opinion

Gengler v. Phelps

New Mexico Court of Appeals

Decided November 23, 1976No. 2533PublishedCited by 14 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge.

The plaintiff appeals an order vacating judgment by default for $114,800.00 which had been entered against the defendant, Albuquerque Anesthesia Services, Ltd. We affirm.

The plaintiff asserts four points for reversal. These points may be discussed as one issue: whether the district court committed reversible error by vacating the default judgment under Rule 60(b) of the New Mexico Rules of Civil Procedure [§ 21-1-1(60) (b), N.M.S.A.1953 (Repl. Vol. 4, 1970)].

First of all, in order to properly explain our decision, we state the sequence of events that led to the default…

2Cases cited11 opinions

  1. Springer Corporation v. HerreraNew Mexico Supreme Court · 1973
  2. Martin v. Leonard Motor-El PasoNew Mexico Supreme Court · 1965
  3. Chavez v. County of ValenciaNew Mexico Supreme Court · 1974
  4. Wooley v. WickerNew Mexico Supreme Court · 1965
  5. In Re Guardianship of CaffoNew Mexico Supreme Court · 1961

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Rodriguez v. ConantNew Mexico Supreme Court · 1987
  2. Seaboard Fire & Marine Insurance v. KurthNew Mexico Court of Appeals · 1980
  3. Barker v. BarkerNew Mexico Supreme Court · 1980
  4. Marberry Sales, Inc. v. FallsNew Mexico Supreme Court · 1979
  5. Merrill v. Tabachin, Inc.New Mexico Supreme Court · 1988

9 more not listed; retrieve them via the Exa API.

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