Legal Opinion
Alexander Ex Rel. Glen & Doris Alexander Revocable Trust v. Calton & Associates, Inc.
New Mexico Court of Appeals
Decided February 8, 2005No. 23,398PublishedCited by 8 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
{1} Appellants appeal the district court’s decision ordering arbitration. Appellants simultaneously filed a complaint in district court and filed a statement of claim for arbitration against Appellees. On appeal, Appellants contend that (1) the district court order compelling arbitration must be reversed because it failed to determine the existence of a pre-dispute arbitration agreement, and (2) the mere filing of a claim for arbitration does not waive their right to challenge arbitrability. We reverse and remand.
BACKGROUND
{2} The following is a summary of the…
2Cases cited4 opinions
- Santa Fe Technologies, Inc. v. Argus Networks, Inc.New Mexico Court of Appeals · 2001
- McMillan v. Allstate Indemnity Co.New Mexico Supreme Court · 2003
- Lyman v. KernNew Mexico Court of Appeals · 1999
- Eagle Laundry v. Fireman's Fund InsuranceNew Mexico Court of Appeals · 2002
3Cited by8 opinions
- Murken v. Suncor Energy, Inc.New Mexico Court of Appeals · 2005
- Fiser v. Dell Computer Corp.New Mexico Court of Appeals · 2007
- Murken v. Deutsche Morgan Grenfell, Inc.New Mexico Court of Appeals · 2006
- Fiser v. Dell Computer Corp.New Mexico Court of Appeals · 2007
- Horne v. LANSNew Mexico Court of Appeals · 2011
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