Legal Opinion
Albuquerque Redi-Mix, Inc. v. Scottsdale Insurance
New Mexico Supreme Court
Decided August 28, 2007No. 30,142PublishedCited by 27 opinions
1Opinion of the Court
OPINION
SERNA, Justice.
{1} This case requires us to determine whether a Rule 1~059(E) NMRA motion to alter or amend a judgment is subject to the automatic denial provision of NMSA 1978, Section 39-1-1 (1917). The Court of Appeals, in a memorandum opinion, decided that Rule 1-059(E) is subject to automatic denial because both Section 39-1-1 and Rule 1-059(D) NMRA 2006 (prior to August 21, 2006, amendment) provide for automatic denial thirty days after a motion is filed. However, a plain reading of Rule 1-059(E) does not provide for automatic denial, and therefore we reverse the Court of Appeals…
2Cases cited26 opinions
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
- Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- Price v. PhilpotCourt of Appeals for the Tenth Circuit · 2005
- Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, AppelleeCourt of Appeals for the Fourth Circuit · 1978
21 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Grygorwicz v. TrujilloNew Mexico Supreme Court · 2009
- State v. LohbergerNew Mexico Supreme Court · 2008
- Guest v. Allstate InsuranceNew Mexico Court of Appeals · 2009
- Kinder Morgan CO2 Co. v. State Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2008
- Chapel v. NevittNew Mexico Court of Appeals · 2009
22 more not listed; retrieve them via the Exa API.