Legal Opinion

Lyman v. Kern

New Mexico Court of Appeals

Decided December 28, 1999No. 19,771PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} This appeal arises from a trial court order compelling the parties to arbitrate. The underlying dispute arose out of an automobile collision between the parties in May 1994. On appeal, Defendants argue two points: (1) that the trial court’s order was not a final order, and they were therefore not obligated to appeal at the time the order was entered; and (2) that the trial court’s order compelling the parties to arbitrate was unconstitutional because the order deprived Defendants of their right to a jury trial without a knowing or intentional waiver. We hold that…

2Cases cited15 opinions

  1. Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
  2. Trujillo v. SerranoNew Mexico Supreme Court · 1994
  3. Krauss Bros. Lumber v. Louis Bossert & Sons, Inc.Court of Appeals for the Second Circuit · 1933
  4. Wetzel v. Sullivan, King & Sabom, P.C., Texas Court of Appeals, 1st District (Houston)1988
  5. William Manning and Manning & Napier Advisors, Inc. v. Energy Conversion Devices, Inc. And Stanford R. Ovshinsky, and American Arbitration AssociationCourt of Appeals for the Second Circuit · 1987

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3Cited by10 opinions

  1. K.R. Swerdfeger Construction, Inc. v. Board of RegentsNew Mexico Court of Appeals · 2006
  2. Horanburg v. FelterNew Mexico Court of Appeals · 2004
  3. State v. LuceroNew Mexico Supreme Court · 2001
  4. Martinez v. RoscoeNew Mexico Court of Appeals · 2001
  5. Alexander Ex Rel. Glen & Doris Alexander Revocable Trust v. Calton & Associates, Inc.New Mexico Court of Appeals · 2005

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