Legal Opinion
Principal Mutual Life Insurance v. Straus
New Mexico Supreme Court
Decided October 19, 1993No. 20523PublishedCited by 31 opinions
1Opinion of the Court
OPINION
FROST, Justice.
This appeal requires us to determine if a district court’s ruling of liability pursuant to the Declaratory Judgment Act, NMSA 1978 §§ 44-6-1 to -15, is a final, appealable judgment when it leaves open for future resolution the amount of a damages award including attorney’s fees. We find that because the question of the amount of damages was before the district court but not finally adjudicated, we do not have jurisdiction over this appeal.
PROCEDURAL HISTORY
James Straus appeals from the district court’s grant of declaratory relief in favor of Principal Mutual Life…
2Cases cited24 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
- United States v. WashingtonCourt of Appeals for the Ninth Circuit · 1985
- Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
19 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Andrew Robinson International, Inc. v. Hartford Fire InsuranceCourt of Appeals for the First Circuit · 2008
- Capco Acquisub, Inc. v. Greka Energy CorporationNew Mexico Court of Appeals · 2006
- Corn v. New Mexico Educators Federal Credit UnionNew Mexico Court of Appeals · 1994
- Sunwest Bank of Albuquerque v. NelsonNew Mexico Supreme Court · 1998
- Executive Sports Club, Inc. v. First Plaza TrustNew Mexico Supreme Court · 1998
26 more not listed; retrieve them via the Exa API.