Legal Opinion
Lowery v. Atterbury
New Mexico Supreme Court
Decided January 6, 1992No. 19694PublishedCited by 22 opinions
1Opinion of the Court
OPINION
BACA, Justice.
Plaintiff-appellant Lowery appeals the district court’s dismissal of her action under SCRA 1986, 1-041(B) for want of prosecution. Lowery bases her appeal on two points. First, she contends that the trial court abused its discretion by dismissing her action sua sponte. Second, she contends that she was denied her due process rights because the trial court dismissed her action without any prior warning. Because we find that the trial court abused its discretion in dismissing Lowery’s action, we reverse and remand for a trial on the merits.
I. PROCEDURAL BACKGROUND
This…
2Cases cited15 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Johnnie McNeal v. B.H. Papasan, Superintendent of Education, Tunica County SchoolsCourt of Appeals for the Fifth Circuit · 1988
- Nathan Richman, Administrator v. General Motors CorporationCourt of Appeals for the First Circuit · 1971
- Kurt Von Poppenheim v. Portland Boxing & Wrestling CommissionCourt of Appeals for the Ninth Circuit · 1971
- Stephanie Trakas v. Quality Brands, IncCourt of Appeals for the D.C. Circuit · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Carrillo v. RostroNew Mexico Supreme Court · 1992
- Santa Fe Exploration Co. v. Oil Conservation CommissionNew Mexico Supreme Court · 1992
- Gonzales v. Surgidev Corp.New Mexico Supreme Court · 1995
- Kirkpatrick v. Introspect Healthcare Corp.New Mexico Supreme Court · 1992
- Cates v. REGENTS NMIM & TNew Mexico Supreme Court · 1998
17 more not listed; retrieve them via the Exa API.