Legal Opinion

State v. Cotton Belt Insurance

New Mexico Supreme Court

Decided December 9, 1981No. 13722PublishedCited by 15 opinions

1Opinion of the Court

OPINION

FEDERICI, Justice.

The issues raised on this appeal are: (1) whether the doctrine of res judicata bars a second decision by this Court, and (2) if not, whether the trial court abused its discretion when it refused to permit the defendant-appellant (Cotton Belt) to present any evidence that it was entitled to a remittitur following the first appeal of this case. We find res judicata inapplicable under the facts of this case and conclude that the trial court should have heard evidence on the remittitur question. Accordingly, we remand this case for a hearing and such further proceedings…

2Cases cited13 opinions

  1. Hurd v. AlbertCalifornia Supreme Court · 1931
  2. Porter v. PorterMontana Supreme Court · 1970
  3. Buhler v. MarrujoNew Mexico Court of Appeals · 1974
  4. State v. KincheloeNew Mexico Court of Appeals · 1974
  5. Town of Atrisco v. MonohanNew Mexico Supreme Court · 1952

8 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. RiveraNew Mexico Supreme Court · 2003
  2. Martinez v. Albuquerque Collection Services, Inc.District Court, D. New Mexico · 1994
  3. State v. ElliottNew Mexico Court of Appeals · 2001
  4. Dearing v. State ex rel. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1991
  5. State v. GutierrezNew Mexico Court of Appeals · 2006

10 more not listed; retrieve them via the Exa API.

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