Lackey v. Mesa Petroleum Co.

I respectfully dissent.

In my opinion all six of plaintiffs’ points of error are without merit.

Rule 56(c), N.M.R.Civ.P. provides, in pertinent part, that:

“The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” [Emphasis mine]

Ballentine’s Law Dictionary defines “fact” as:

“A thing done; an action performed or an incident transpiring; an event or…