Montano v. Williams
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
Plaintiff appeals from an order of the trial court which dismissed, with prejudice, plaintiff’s complaint in tort against defendant Williams because plaintiff’s decedent, employed by Williams, was subject to the Workmen’s Compensation Act. We reverse.
A. Motion to dismiss appeal denied.
Defendant moved to dismiss the appeal (1) because the order was not a “final” order as required by Rule 54(b) of the Rules of Civil Procedure, and (2) plaintiff obtained judgment against other defendants which satisfied his claims and barred any further action against defendant Williams.(1)…
2Cases cited16 opinions
- Terry v. SencindiverWest Virginia Supreme Court · 1969
- Oklahoma Alcoholic Beverage Control Board v. MossSupreme Court of Oklahoma · 1973
- Bank of Gering v. GloverNebraska Supreme Court · 1974
- Amalgamated Transit Union, Division 85 v. Port AuthoritySupreme Court of Pennsylvania · 1965
- Winston v. New Mexico State Police BoardNew Mexico Supreme Court · 1969
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3Cited by15 opinions
- Stotlar v. HesterNew Mexico Court of Appeals · 1978
- Adams v. UNITED STEELWORKERS, ETC.New Mexico Supreme Court · 1982
- Security Trust v. SmithNew Mexico Supreme Court · 1979
- Thriftway Marketing Corp. v. StateNew Mexico Court of Appeals · 1992
- Williams v. MontanoNew Mexico Supreme Court · 1976
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