(DOWNLOAD) "Meiboom v. Watson" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free
eBook details
- Title: Meiboom v. Watson
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 12, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
ORIGINAL PROCEEDING ON CERTIORARI Susan M. Conway, District Judge OPINION {1} Petitioner-Defendant, Stephen Watson, challenges the Court of Appeals' holding that the district court erred by denying plaintiffs' motion for relief from a stipulated dismissal pursuant to Rule 1-060(B)(6) NMRA 1999. See Meiboom v. Watson, 1998-NMCA-091, 17, 125 N.M. 462, 963 P.2d 539. We have jurisdiction pursuant to NMSA 1978, § 34-5-14(B) (1972), and on certiorari we consider: 1) whether the Court of Appeals, by concluding that the district court retained jurisdiction over plaintiffs' Rule 1-060(B)(6) motion, improperly overruled this Court's opinion in King v. Lujan, 98 N.M. 179, 646 P.2d 1243 (1982), which held that the statute of limitations is not tolled by a dismissal for lack of prosecution; and 2) whether the Court of Appeals erred by concluding that the district court failed to fully evaluate the merits of plaintiffs' motion. Although we conclude the district court improperly denied plaintiffs' motion for lack of jurisdiction, we hold that King was not overruled. We also reverse the Court of Appeals' holding that the district court failed to fully evaluate the merits of the motion and we affirm the district court's denial of plaintiffs' Rule 1-060(B)(6) motion. I.