Dean v. Biesecker

OPINION

OMAN, Justice.

This cause is here upon certiorari to the New Mexico Court of Appeals, which affirmed a judgment in favor of one of the plaintiffs. Biesecker v. Dean, 86 N.M. 564, 525 P.2d 924 (Ct.App.1974). We reverse the Court of Appeals, reverse the district court, and remand the cause to the district court with directions to set aside its judgment and dismiss plaintiff’s complaint with prejudice.

As shown by the majority and dissenting opinions of the Court of Appeals, the principal issue, and the only issue we need consider, is that of the meaning and effect of § 64-18-62 (C),…