Legal Opinion
Trujillo v. Serrano
New Mexico Supreme Court
Decided March 8, 1994No. 20900PublishedCited by 83 opinions
1Opinion of the Court
OPINION
FROST, Justice.
Defendant-Appellant Jose E. Serrano appeals the dismissal by the district court of his appeal of a magistrate court decision. The basis of the district court action was that Serrano had not timely filed his appeal. We conclude that there is no jurisdictional bar to hear the appeal if the notice was late because of court error. This case is remanded for further proceedings.
I
Facts
This matter arises from a breach-of-contract claim concerning the construction of a swimming pool. On March 4, 1992, Trujillo and Serrano presented the merits of their contract dispute in the Rio…
2Cases cited20 opinions
- State v. OroscoNew Mexico Supreme Court · 1992
- Govich v. North American Systems, Inc.New Mexico Supreme Court · 1991
- State Ex Rel. Udall v. Colonial Penn InsuranceNew Mexico Supreme Court · 1991
- State v. DuranNew Mexico Court of Appeals · 1986
- Chavez v. Village of CimarronNew Mexico Supreme Court · 1958
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3Cited by83 opinions
- Marrujo v. New Mexico State Highway Transportation DepartmentNew Mexico Supreme Court · 1994
- State v. LeonNew Mexico Court of Appeals · 2012
- In the Matter of YalkutNew Mexico Supreme Court · 2008
- Healthsource, Inc. v. X-Ray Associates of New Mexico, P.C.New Mexico Court of Appeals · 2005
- Hyden v. New Mexico Human Services DepartmentNew Mexico Court of Appeals · 1999
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