First National Bank v. Southwest Yacht & Marine Supply Corp.

I concurred with the conclusion reached in the first opinion filed in this matter. See First National Bank v. Southwest Yacht & Marine Supply Corp., 23 S.B.B. 253 (1984). In that opinion, this Court determined that Southwest’s exclusive remedy for wrongful replevin is limited to those remedies found in the replevin statutes, NMSA 1978, Sections 42-8-1 to -22. That opinion has now been withdrawn and rewritten, reaching a different conclusion with which I disagree. I hereby dissent for the following reasons.

The replevin statute provides for an action in all cases, where, under the common law,…