Legal Opinion

McAlpine v. Zangara Dodge, Inc.

New Mexico Court of Appeals

Decided March 26, 2008No. 26,766PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} On motion for rehearing, the opinion filed February 20, 2008, is withdrawn, and the following opinion is substituted. The motion for rehearing is otherwise denied.

{2} This case requires us to consider three questions related to a bond (bond) that was issued under NMSA 1978, § 66-4-7(A) (2005). Does the bond cover only failure of title? Are the allegations of liability against a principal conclusively established against a surety when default judgment is entered against the principal? Was the denial of the surety’s motion for summary judgment proper on the issue of…

2Cases cited19 opinions

  1. Lake County v. Massachusetts Bonding & Insurance Co.Court of Appeals for the Fifth Circuit · 1935
  2. Drill South, Inc., Plaintiff-Appellee-Cross-Appellant v. International Fidelity Ins. Co., Defendant-Appellant-Cross-Appellee. Drill South, Inc., Plaintiff-Counter v. International Fidelity Ins. Co., Defendant-Counter Claimant-AppellantCourt of Appeals for the Eleventh Circuit · 2000
  3. Bird v. State Farm Mutual Automobile InsuranceNew Mexico Court of Appeals · 2007
  4. First State Bank v. MuzioNew Mexico Supreme Court · 1983
  5. Huntington National Bank v. SproulNew Mexico Supreme Court · 1993

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3Cited by6 opinions

  1. Gose v. City of DouglasWyoming Supreme Court · 2008
  2. Alcantar v. SanchezNew Mexico Court of Appeals · 2011
  3. Maverick Motorsports Group, LLC v. Department of RevenueWyoming Supreme Court · 2011
  4. Moongate Water Co. v. DOÑA ANA MUTUAL DOMESTIC WATER CONSUMERS ASS'NNew Mexico Court of Appeals · 2008
  5. Sublette County School District Number Nine v. McBrideWyoming Supreme Court · 2008

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

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