Legal Opinion

Southern Farm Bureau Casualty Co. v. Hiner

New Mexico Court of Appeals

Decided June 9, 2005No. 24,822PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} This ease requires that we address the requirements of a claim for malicious abuse of process. Defendant Eddy Hiner had previously filed a lawsuit against Plaintiff Southern Farm Bureau Casualty Company (SFBC) and its insured, alleging that the insured had driven his vehicle into storage sheds on Hiner’s property, damaging them. SFBC disputed Hiner’s claim and, when the claim was dismissed, filed this action for malicious abuse of process and fraud. Hiner moved for summary judgment, which the district court granted, and SFBC now appeals. We hold that the district…

2Cases cited10 opinions

  1. Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
  2. Hovet v. Allstate InsuranceNew Mexico Supreme Court · 2004
  3. State v. FosterNew Mexico Supreme Court · 1999
  4. DeVaney v. Thriftway Marketing Corp.New Mexico Supreme Court · 1997
  5. Weststar Mortgage Corp. v. JacksonNew Mexico Supreme Court · 2002

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3Cited by6 opinions

  1. Guest v. BerardinelliNew Mexico Court of Appeals · 2008
  2. O'Brien v. BehlesNew Mexico Court of Appeals · 2020
  3. Bassett v. SheehanNew Mexico Court of Appeals · 2008
  4. Snow v. Warren Power & Machinery, Inc.New Mexico Court of Appeals · 2013
  5. Snow v. Warren Power & Machinery, Inc.New Mexico Court of Appeals · 2013

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