Legal Opinion · Concurrence
Phillips v. United Service Automobile Ass'n
New Mexico Court of Appeals
Decided December 6, 1977No. 2959Published
1ConcurrenceSutin, Judge
(specially concurring).
I specially concur.
Judge Lopez’ opinion decides that plaintiffs’ present action is not barred because res judicata, collateral estoppel, satisfaction of judgment, merger and election of remedies, being defenses raised by United Service Automobile Association (United), are not effective. United’s claims are affirmative defenses to plaintiffs’ claim for relief. Section 21-1-1(8)(c), N.M.S.A., 1953 (Repl. Vol. 4). They are not issues on this appeal.
In the order that sustained United’s motion for summary judgment, the trial court found:
1. That the motion of defendant United…
2Cases cited8 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Garrett v. Nissen CorporationNew Mexico Supreme Court · 1972
- Robert Schaefer and Sandra Schaefer v. First National Bank of LincolnwoodCourt of Appeals for the First Circuit · 1972
- United Bank of Pueblo v. Hartford Accident & Indemnity Company, Defendant-Third-Party v. United Bank of Denver, Third-PartyCourt of Appeals for the Third Circuit · 1976
- Marquez v. WylieNew Mexico Supreme Court · 1967
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