Legal Opinion
Martinez v. Segovia
New Mexico Court of Appeals
Decided October 10, 2002No. 22,139PublishedCited by 15 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} A dead person was the named plaintiff. After the statute of limitations had run, the decedent’s widow was appointed personal representative of his estate and sought to be substituted as the real party in interest. Without considering the merits of the substitution issue, the district court dismissed the action on the ground of lack of jurisdiction, calling the complaint a nullity. The decedent’s widow appeals. We reverse. While a dead person cannot obtain relief, an action filed naming a dead person can remain viable with an allowable substitution of the real party in…
2Cases cited19 opinions
- Surowitz v. Hilton Hotels Corp.Supreme Court of the United States · 1966
- New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
- Gallegos v. Pueblo of TesuqueNew Mexico Supreme Court · 2002
- Las Luminarias of the New Mexico Council of the Blind v. IsengardNew Mexico Court of Appeals · 1978
- GCM, Inc. v. Kentucky Central Life InsuranceNew Mexico Supreme Court · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Zamora v. St. Vincent HospitalNew Mexico Supreme Court · 2014
- Baumeister v. New Mexico Commission for the BlindDistrict Court, D. New Mexico · 2006
- Shearton Development Co. v. Group I: Town of Chilili Land GrantNew Mexico Court of Appeals · 2003
- Piedra, Inc. v. State of New Mexico Transportation CommissionNew Mexico Court of Appeals · 2008
- Vaughan v. St. Vincent HospitalNew Mexico Supreme Court · 2014
10 more not listed; retrieve them via the Exa API.