Legal Opinion

Martinez v. Carmona

New Mexico Court of Appeals

Decided February 9, 1981No. 4290PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

After quashing a provisional affidavit of disqualification the District Court granted defendants summary judgment in a motor vehicle collision case. We reverse.

Chronologically, the following events occurred:(1) On February 1, 1979, plaintiffs’ complaint was filed in Taos County. The two resident judges were Joseph E. Caldwell and John B. Wright.(2) On February 15, 1979, plaintiff, Mary Martinez, filed a “Provisional Affidavit of Disqualification.” Paragraph 2 reads:

In the event of the disqualification of the Honorable Joseph E. Caldwell, I do not believe that the Honorable…

2Cases cited19 opinions

  1. United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
  2. Birdie Mae Davis, United States of America, Plaintiff-Intervenor, Edwin Foster, Plaintiff-Intervenor v. Board of School Commissioners of Mobile County, James E. Buskey v. Board of School Commissioners of Mobile County, Birdie Mae Davis, United States of America, Plaintiff-Intervenor, James E. Buskey, Plaintiff-Intervenor-Appellant v. Board of School Commissioners of Mobile CountyCourt of Appeals for the Fifth Circuit · 1975
  3. State Ex Rel. Davis v. ParksSupreme Court of Florida · 1939
  4. Gerety v. DemersNew Mexico Supreme Court · 1978
  5. Fleischer v. A.A.P., Inc.District Court, S.D. New York · 1959

14 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. CaseNew Mexico Supreme Court · 1984
  2. Roybal v. MorrisNew Mexico Court of Appeals · 1983
  3. Economy Rentals, Inc. v. GarciaNew Mexico Supreme Court · 1991
  4. State v. CherryhomesNew Mexico Court of Appeals · 1992
  5. State Ex Rel. Gesswein v. GalvanNew Mexico Supreme Court · 1984

5 more not listed; retrieve them via the Exa API.

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