Legal Opinion
Durand v. New Mexico Commission on Alcoholism
New Mexico Court of Appeals
Decided August 10, 1976No. 2577PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The issue is the subject matter jurisdiction of the Court of Appeals.
Durand, an employee of the Commission on Alcoholism, was dismissed by the Commission. The State Personnel Board sustained the dismissal. Durand filed a notice of appeal seeking judicial review of the Final Order of the State Personnel Board. He relied on § 4 — 32-16(F), N.M.S.A.1953 (Repl.Vol. 2, pt. 1).
By order, this Court dismissed for lack of subject matter jurisdiction because neither the Personnel Board nor the Alcoholism Commission had been placed under the Administrative Procedures Act, of…
2Cases cited7 opinions
- State v. ArnoldNew Mexico Supreme Court · 1947
- Roberson v. Board of Education of City of Santa FeNew Mexico Supreme Court · 1967
- Westland Corporation v. Commissioner of RevenueNew Mexico Court of Appeals · 1971
- Linton v. Farmington Municipal SchoolsNew Mexico Supreme Court · 1974
- Mayer v. Public Employees Retirement BoardNew Mexico Court of Appeals · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. KelleyDistrict Court of Appeal of Florida · 1991
- Concerned Residents for Neighborhood Inc. v. ShollenbargerNew Mexico Court of Appeals · 1991
- State v. GarciaNew Mexico Court of Appeals · 1984
- EASTERN INDEM. CO. OF MARYLAND v. HellerNew Mexico Court of Appeals · 1984
- Hillhaven Corp. v. Human Services Dept.New Mexico Court of Appeals · 1989
6 more not listed; retrieve them via the Exa API.