Category Archives: New Mexico Court of Appeals

NMCA: Wrongfully enjoined defendant cannot recover damages in the absence of an injunction bond

Norman Gaume filed a lawsuit claiming that the New Mexico Interstate Stream Commission had violated the Open Meetings Act, and asked for an injunction against a committee created by the Commission from taking any further action on certain matters related … Continue reading

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NMCA: Employer’s mistaken belief that worker was disabled supported discrimination claim

In Goodman v. OS Restaurant Services, LLC (opinion by Judge Hanisee), the Court of Appeals has held that sufficient evidence supported a jury’s verdict that an employer mistakenly “regarded” the plaintiff worker as disabled, and discriminated against him because of … Continue reading

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NMCA: Judgments Are Forever

The Cadle Company acquired a 1987 state-court judgment against the defendant, and filed suit on the judgment in 2002 and 2009, acquiring new judgments against the defendant each time. In 2016, the Cadle Company filed a suit on the 2009 … Continue reading

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NMCA: Court-issued protective orders trump the Inspection of Public Records Act

In a domestic relations case, the plaintiff sought records from a guardian ad litem who had been appointed for his son. The guardian ad litem sought and received a protective order, arguing that she was an arm of the court … Continue reading

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NMCA: District court can’t dismiss case under Rule 1-041(E)(1) if plaintiff is in compliance with a scheduling order

In a legal malpractice case, the defendant moved to dismiss with prejudice under Rule 1-041(E)(1) for failure to take significant action to advance the case. The district court denied the motion, and entered a scheduling order. The plaintiff complied with … Continue reading

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Governor appoints Zachary Ives to the NM Court of Appeals

According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the … Continue reading

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Congratulations to the new chief judge of the New Mexico Court of Appeals, M. Monica Zamora

Earlier this week, Judge M. Monica Zamora was sworn in to begin serving a two-year term as Chief Judge of the New Mexico Court of Appeals. She replaces Judge Linda Vanzi, who served as Chief Judge from 2017 to 2019. … Continue reading

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NMCA: Officer’s tap on car window was not a seizure

Jennifer Simpson parked her car in a lot at a city park at 11:00 p.m. and turned off the car’s lights. A police officer saw this and believed her actions were suspicious because the park had closed an hour earlier … Continue reading

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E-filing starts at the New Mexico Court of Appeals on August 21!

The long-awaited day is finally at hand! On Monday, August 21, e-filing begins at the New Mexico Court of Appeals. It may be a coincidence that this is the date of the total solar eclipse, but then again, it may … Continue reading

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NMCA: Corpus delicti rule satisfied by circumstantial evidence

The Court of Appeals, in State v. Platero, has overturned a trial court order dismissing a vehicular homicide charge before trial because the State did not plan to offer any expert testimony that the rollover car crash at issue killed … Continue reading

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