Turner v. First New Mexico Bank

(specially concurring).

{13} I write to specially concur with the majority and disagree with the application of res judicata to dispose of the merits of Plaintiffs’ appeal. Because I disagree with the maj ority, I would hold that the dismissal of the First Complaint “without prejudice” by Judge Viramontes precludes the application of res judicata to the Second Complaint. However, as to the merits of Plaintiffs Second Complaint, I agree with Judge Robinson’s alternative position that Plaintiffs Second Complaint fails to state a claim upon which relief can be granted under Rule 1-012(B)(6). As a…