Legal Opinion

DeFillippo v. Neil

New Mexico Court of Appeals

Decided June 21, 2002No. 21,748PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} Plaintiffs Patrick DeFillippo, Stephanie DeFillippo, Gary Lizzi, and Patricia Lizzi filed suit against Eva Neil (Neil) claiming damages for personal injuries suffered as a result of the collapse of a balcony. Neil filed her answer to the complaint one day late, and the trial court entered a “default judgment” against her in favor of Plaintiffs. Neil filed a motion to set aside the default, pursuant to Rules 1-055(C) and 1-060(B) NMRA 2002. The trial court denied this motion as well as her request for a jury trial on the issue of damages. Neil appeals from the…

2Cases cited31 opinions

  1. Enron Oil Corp. v. DiakuharaCourt of Appeals for the Second Circuit · 1993
  2. Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
  3. Vicky Hagen Colin L. Harris v. Sisseton-Wahpeton Community CollegeCourt of Appeals for the Eighth Circuit · 2000
  4. Garcia on Behalf of Garcia v. La FargeNew Mexico Supreme Court · 1995
  5. Equal Employment Opportunity Commission, Cross-Appellee v. Mike Smith Pontiac Gmc, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1990

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3Cited by4 opinions

  1. Capco Acquisub, Inc. v. Greka Energy CorporationNew Mexico Court of Appeals · 2006
  2. Applied Capital, Inc. v. GibsonDistrict Court, D. New Mexico · 2007
  3. Barth v. NM Secretary of EducationNew Mexico Court of Appeals · 2010
  4. Kuckelman Pump Service-Acculectric, Inc. v. Hacienda Del Cerezo, Ltd.New Mexico Court of Appeals · 2014

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