Legal Opinion

Tomson v. County of Dona Ana

New Mexico Court of Appeals

Decided June 26, 1979No. 3631PublishedCited by 4 opinions

1Opinion of the Court

OPINION

WALTERS, Judge.

On April 8, 1975, plaintiff brought a class action to declare void a 5% penalty assessed against himself and other taxpayers who failed to declare their properties prior to March 1, 1974. Defendants did not answer. Instead, they filed a motion for summary judgment, and a hearing was held on the motion.

Two years later, absent any fault of the parties for delay, the district court entered an order sustaining the motion for summary judgment. The order read:

THE COURT, after having taken into consideration the Complaint, the Affidavits attached to the Motion for Summary…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. In Re Knox-Powell-Stockton Co.Court of Appeals for the Ninth Circuit · 1939
  2. Garver v. Public Service Company of New MexicoNew Mexico Supreme Court · 1966
  3. Westbrook v. Lea General HospitalNew Mexico Court of Appeals · 1973
  4. Akre v. WashburnNew Mexico Supreme Court · 1979
  5. Munkwitz Realty & Investment Co. v. Diederich Schaefer Co.Wisconsin Supreme Court · 1939

3Cited by4 opinions

  1. Worman v. Echo Ridge Homes Cooperative, Inc.New Mexico Supreme Court · 1982
  2. GEA Integrated Cooling Technology v. State Taxation & Revenue Dep'tNew Mexico Court of Appeals · 2011
  3. Santistevan v. Centinel Bank of TaosNew Mexico Court of Appeals · 1980
  4. Santistevan v. Centinel Bank of TaosNew Mexico Court of Appeals · 1980

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