Legal Opinion
Turner v. First New Mexico Bank
New Mexico Court of Appeals
Decided June 26, 2015No. 35,230; Docket No. 33,303PublishedCited by 5 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} This case requires us to determine whether res judicata, also known as claim preclusion, bars the filing of a second lawsuit when a virtually identical lawsuit was previously dismissed “without prejudice.” The district court ruled that the second suit is barred, and we affirm.
BACKGROUND
{2} In October 2010, Plaintiffs filed a civil complaint in the Luna County district court, and the case was assigned to Judge Viramontes. In response to Defendant’s motion , Judge Viramontes ordered Plaintiffs to make a more definite statement, and Plaintiffs filed an amended complaint…
2Cases cited10 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Deflon v. SawyersNew Mexico Supreme Court · 2006
- AVX Corporation v. Cabot CorporationCourt of Appeals for the First Circuit · 2005
- Sunwest Bank of Albuquerque v. NelsonNew Mexico Supreme Court · 1998
- Potter v. PierceNew Mexico Supreme Court · 2015
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3Cited by5 opinions
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- Bank of New York v. RomeroNew Mexico Court of Appeals · 2016
- State ex rel. Village of Los Lunas v. City of BelenNew Mexico Court of Appeals · 2018