Legal Opinion
Jones v. Montgomery Ward & Co.
New Mexico Supreme Court
Decided July 11, 1985No. 15519PublishedCited by 8 opinions
1Opinion of the Court
OPINION
SOSA, Senior Justice.
The district court granted a motion by defendant Montgomery Ward & Co. to dismiss plaintiff Fred Jones’ personal injury action for failure to prosecute under NMSA 1978, Civ.P.Rule 41(e) (Repl.Pamp.1980), and for failure to substitute parties as required by NMSA 1978, Civ.P.Rule 25(a) (Repl.Pamp.1980). The Court of Appeals affirmed in a memorandum opinion. We granted certiorari and now reverse.
The sole issue we address is whether dismissal of plaintiff’s action was proper under Rule 41(e).
Plaintiff originally filed a personal injury action pro se on July 8, 1977…
2Cases cited5 opinions
- State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
- Sewell v. WilsonNew Mexico Court of Appeals · 1982
- Dollison v. Fireman's Fund Insurance CompanyNew Mexico Supreme Court · 1966
- Gilman v. BatesNew Mexico Supreme Court · 1963
- Carter Farms Co. v. Hoffman-LaRoche, Inc.New Mexico Court of Appeals · 1977
3Cited by8 opinions
- Vigil v. Thriftway Marketing Corp.New Mexico Court of Appeals · 1994
- Cottonwood Enterprises v. McAlpinNew Mexico Supreme Court · 1989
- Rodriguez v. SanchezNew Mexico Court of Appeals · 2019
- Jones v. Montgomery Ward & Co.New Mexico Court of Appeals · 1985
- New Mexico Water Quality Control Commission v. Emerald Corp.New Mexico Court of Appeals · 1991
3 more not listed; retrieve them via the Exa API.