Category Archives: New Mexico Court of Appeals

Nursing home arbitration agreement was unconscionably unbalanced, says Court of Appeals

by Emil J. Kiehne Posted on July 27, 2012

Over the past week and a half, the Court of Appeals has issued a trifecta of decisions dealing with arbitration agreements. The first of these, Figueroa v. THI of New Mexico at Casa Arena Blanca LLC, addressed a nursing home … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on Nursing home arbitration agreement was unconscionably unbalanced, says Court of Appeals

“Appeals court sides with Doña Ana County clerk in barring judge candidate”

by Emil J. Kiehne Posted on July 13, 2012

Brian Fraga has this report in the Las Cruces Sun-News about a recent decision of the New Mexico Court of Appeals, upholding the Doña Ana County clerk’s decision to bar a candidate for magistrate court judge from appearing on the … Continue reading →

Posted in New Mexico Court of Appeals, News | Tagged | Comments Off on “Appeals court sides with Doña Ana County clerk in barring judge candidate”

Court of Appeals confirms that deemed denied provision in statute is no longer valid.

by Emil J. Kiehne Posted on July 10, 2012

In the past, New Mexico’s rules governing post-judgment motions contained many “deemed denied” provisions.  For example, if a post-judgment motion were timely filed, and the district court did not act on the motion within 30 days, the motion was deemed … Continue reading →

Posted in Jurisdiction, New Mexico Court of Appeals, Opinions and Analysis, Procedure | Tagged , , , | Comments Off on Court of Appeals confirms that deemed denied provision in statute is no longer valid.