Bankers Trust Co. of California v. Baca

OPINION

SUTIN, Judge.

{1} The district court sua sponte dismissed Plaintiffs foreclosure action without prejudice under Rule 1-041(E)(2) NMRA for failure to take any significant action against Defendants within the previous 180 days. After its motion for reinstatement under Rule 1-041(E)(2) was denied for failure to show good cause, Plaintiff filed a new foreclosure action. In ruling in Defendants’ favor on their motion to dismiss Plaintiffs second action, the district court found that Plaintiffs complaint in the second action was “a refilling [sic] of the same case and cause of action, with…