Legal Opinion
Knippel v. Northern Communications, Inc.
New Mexico Court of Appeals
Decided January 12, 1982No. 5322PublishedCited by 25 opinions
1Opinion of the Court
OPINION
DONNELLY, Judge.
Plaintiff appeals from an order of the trial court dismissing his complaint in a workmen’s compensation action. Defendants filed a motion to dismiss for failure to state a claim. It also asserted the statute of limitations was a complete bar to plaintiff’s claim for compensation. After argument of opposing lawyers, the trial court dismissed the complaint with prejudice because it was not timely filed. We affirm.
Where matters outside the pleadings are considered on a motion to dismiss for failure to state a claim, the motion becomes one for summary judgment, N.M.R.Civ.P.…
2Cases cited19 opinions
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Cuppy v. General Accident Fire & Life Assurance Corp.Court of Appeals of Kentucky (pre-1976) · 1964
- Schiller v. Southwest Air Rangers, Inc.New Mexico Supreme Court · 1975
- Kunstman v. MirizziCalifornia Court of Appeal · 1965
- Oschwald v. ChristieNew Mexico Supreme Court · 1980
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- Callaway v. New Mexico Department of CorrectionsNew Mexico Court of Appeals · 1994
- Antonio Devargas v. Robert Montoya, Antonio Devargas v. Clyde Malley, Roberto MontoyaCourt of Appeals for the Tenth Circuit · 1986
- Hern v. CristNew Mexico Court of Appeals · 1987
- Gulf Insurance v. CottoneNew Mexico Court of Appeals · 2006
20 more not listed; retrieve them via the Exa API.