Legal Opinion

Allen v. BD. OF EDUC. OF ALBUQUERQUE

New Mexico Court of Appeals

Decided December 22, 1987No. 10123PublishedCited by 10 opinions

1Opinion of the Court

OPINION

FRUMAN, Judge.

Defendants appeal the trial court’s denial of their motion for dismissal and summary judgment as to two counts of plaintiff’s four-count complaint. This court’s calendar notice proposed summary dismissal of the appeal for lack of a final order, and defendants responded with a memorandum in opposition to our proposal. On the basis of the following, we do not adopt defendants’ argument that this court should apply the collateral order exception to entertain their appeal, and we dismiss the appeal.

Plaintiff brought suit against defendants board of education and employees of…

2Cases cited8 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  4. Thornton v. GambleNew Mexico Court of Appeals · 1984
  5. Cristobal J. Chavez v. Lawrence P. SingerCourt of Appeals for the Tenth Circuit · 1983

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3Cited by10 opinions

  1. Handmaker v. HenneyNew Mexico Supreme Court · 1999
  2. Carrillo v. RostroNew Mexico Supreme Court · 1992
  3. Campos De Suenos, Ltd. v. County of BernalilloNew Mexico Court of Appeals · 2001
  4. Seeds v. LuceroNew Mexico Court of Appeals · 2005
  5. Carmona v. Hagerman Irrigation Co.New Mexico Supreme Court · 1998

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