Category Archives: Traps for the Unwary

NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading

Posted in New Mexico Court of Appeals, Opinions and Analysis, Traps for the Unwary | Tagged , , , | 1 Comment

New Mexico Supreme Court establishes new standard for peremptory excusals of judges

After spending the first four years of my legal career in Philadelphia, I returned to New Mexico in 2004. While I expected that New Mexico practice would differ from Pennsylvania’s, by far the biggest surprise was that each party to … Continue reading

Posted in New Mexico Supreme Court, Opinions and Analysis, Traps for the Unwary | Tagged , , | Leave a comment

A Trap for the Unwary on Appeal : N.M. Rule 1-054(B) Claims Another Victim

The New Mexico Rules of Civil Procedure are usually identical to the Federal Rules of Civil Procedure.  But Rule 1-054 is decidedly not identical to its federal counterpart, Rule 54, and a failure to appreciate the difference can be fatal … Continue reading

Posted in New Mexico Supreme Court, Opinions and Analysis, Procedure, Traps for the Unwary | Tagged , , , , | Leave a comment