burden to demonstrate error (New Mexico) · Go Syfert
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burden to demonstrate error in New Mexico

16 New Mexico opinions name it 1 courts 2009–2025 11 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Farmers, Inc. v. Dal MacHine & Fabricating, Inc.green
nm · 1990 · cited in 11 New Mexico opinions naming this issue, 2019–2024
2 sentences

2024See Hennessy, 1998-NMCA-036, ¶ 24 ; Mondragon, 1988-NMCA-027 , ¶ 10; see also Corona v. Corona, 2014-NMCA-071, ¶ 28 , 329 P.3d 701 (“This Court has no duty to review an argument that is not adequately developed.”). {11} Defendant lastly reasserts her claim that the applicable statute of limitations expired in 2016, after the case had been instituted, but prior to Plaintiff’s filing of an affidavit of possession regarding the note. [AMIO 17] This argument is unavailing. [CN 9] See NMSA 1978, § 55-3-118 (1992) (stating that the operative date for purposes of the statute of limitations is the dat

2024See Hennessy, 1998-NMCA-036, ¶ 24 ; Mondragon, 1988-NMCA-027 , ¶ 10; see also Corona v. Corona, 2014-NMCA-071, ¶ 28 , 329 P.3d 701 (“This Court has no duty to review an argument that is not adequately developed.”). {11} Defendant lastly reasserts her claim that the applicable statute of limitations expired in 2016, after the case had been instituted, but prior to Plaintiff’s filing of an affidavit of possession regarding the note. [AMIO 17] This argument is unavailing. [CN 9] See NMSA 1978, § 55-3-118 (1992) (stating that the operative date for purposes of the statute of limitations is the dat

1111
State v. Aragongreen
nmctapp · 1999 · cited in 7 New Mexico opinions naming this issue, 2019–2024
2 sentences

2024See State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 (stating we presume the district court was correct and it is the appellant’s burden to demonstrate error).

2024See State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 (stating we presume the district court was correct and it is the appellant’s burden to demonstrate error).

57
Allen v. Amoco Production Co.green
nmctapp · 1992 · cited in 2 New Mexico opinions naming this issue, 2009–2010
2 sentences

2010Co., 114 N.M. 18, 22 , 833 P.2d 1199, 1203 (Ct. App. 1992) 5 (stating that it is the appellant’s burden to demonstrate error).

2010Co., 114 N.M. 18, 22 , 833 P.2d 1199, 1203 (Ct. App. 1992) 5 (stating that it is the appellant’s burden to demonstrate error).

22
Premier Trust of Nevada, Inc. v. City of Albuquerquegreen
nmctapp · 2020 · cited in 1 New Mexico opinions naming this issue, 2025–2025
2 sentences

2025See Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10 , 482 P.3d 1261 (“[W]e reiterate that it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.”); State v. Clifford, 1994-NMSC-048 , ¶ 19, 117 N.M. 508 , 873 P.2d 254 (“We remind counsel that we are not required to do their research.”).

2025See Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10 , 482 P.3d 1261 (“[W]e reiterate that it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.”); State v. Clifford, 1994-NMSC-048 , ¶ 19, 117 N.M. 508 , 873 P.2d 254 (“We remind counsel that we are not required to do their research.”).

11
Hennessy v. Duryeagreen
nmctapp · 1998 · cited in 1 New Mexico opinions naming this issue, 2024–2024
2 sentences

2024See Hennessy, 1998-NMCA-036, ¶ 24 ; Mondragon, 1988-NMCA-027 , ¶ 10; see also Corona v. Corona, 2014-NMCA-071, ¶ 28 , 329 P.3d 701 (“This Court has no duty to review an argument that is not adequately developed.”). {11} Defendant lastly reasserts her claim that the applicable statute of limitations expired in 2016, after the case had been instituted, but prior to Plaintiff’s filing of an affidavit of possession regarding the note. [AMIO 17] This argument is unavailing. [CN 9] See NMSA 1978, § 55-3-118 (1992) (stating that the operative date for purposes of the statute of limitations is the dat

2024See Hennessy, 1998-NMCA-036, ¶ 24 ; Mondragon, 1988-NMCA-027 , ¶ 10; see also State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or decisions of the trial court, and the party claiming error bears the burden of showing such error).

11
Corona v. Coronagreen
nmctapp · 2014 · cited in 1 New Mexico opinions naming this issue, 2024–2024
1 sentence

2024See Hennessy, 1998-NMCA-036, ¶ 24 ; Mondragon, 1988-NMCA-027 , ¶ 10; see also Corona v. Corona, 2014-NMCA-071, ¶ 28 , 329 P.3d 701 (“This Court has no duty to review an argument that is not adequately developed.”). {11} Defendant lastly reasserts her claim that the applicable statute of limitations expired in 2016, after the case had been instituted, but prior to Plaintiff’s filing of an affidavit of possession regarding the note. [AMIO 17] This argument is unavailing. [CN 9] See NMSA 1978, § 55-3-118 (1992) (stating that the operative date for purposes of the statute of limitations is the dat

11
Muse v. Musegreen
nmctapp · 2008 · cited in 1 New Mexico opinions naming this issue, 2023–2023
1 sentence

2023See Muse, 2009-NMCA-003, ¶ 72 ; Elane Photography, 2013-NMSC-040, ¶ 70 . {19} This Court operates pursuant to a presumption of correctness in favor of the district court’s rulings, and it is the appellant’s burden to demonstrate error on appeal.

11
Smith v. City of Santa Fegreen
nm · 2007 · cited in 1 New Mexico opinions naming this issue, 2022–2022
1 sentence

2022See Smith, 2007-NMSC-055, ¶ 23 .

11
Wilburn v. Stewartgreen
nm · 1990 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009Co., 114 N.M. 18, 22 , 833 P.2d 1199, 1203 (Ct.App.1992) (stating that it is the appellant’s burden to demonstrate error); see also Wilburn v. Stewart, 110 N.M. 268, 272 , 794 P.2d 1197, 1201 (1990) (“Issues raised in appellate briefs that are unsupported by cited authority will not be reviewed ... on appeal.”).

2009Co., 114 N.M. 18, 22 , 833 P.2d 1199, 1203 (Ct.App.1992) (stating that it is the appellant’s burden to demonstrate error); see also Wilburn v. Stewart, 110 N.M. 268, 272 , 794 P.2d 1197, 1201 (1990) (“Issues raised in appellate briefs that are unsupported by cited authority will not be reviewed ... on appeal.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Clifford green
nm · 1994
2 sentences

2025See Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10 , 482 P.3d 1261 (“[W]e reiterate that it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.”); State v. Clifford, 1994-NMSC-048 , ¶ 19, 117 N.M. 508 , 873 P.2d 254 (“We remind counsel that we are not required to do their research.”).

2025See Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10 , 482 P.3d 1261 (“[W]e reiterate that it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.”); State v. Clifford, 1994-NMSC-048 , ¶ 19, 117 N.M. 508 , 873 P.2d 254 (“We remind counsel that we are not required to do their research.”).

12025–2025
Elane Photography, LLC v. Willock green
nm · 2013
1 sentence

2023See Muse, 2009-NMCA-003, ¶ 72 ; Elane Photography, 2013-NMSC-040, ¶ 70 . {19} This Court operates pursuant to a presumption of correctness in favor of the district court’s rulings, and it is the appellant’s burden to demonstrate error on appeal.

12023–2023
Matter of Estate of Heeter green
nmctapp · 1992
2 sentences

2020In re Estate of Heeter, 1992-NMCA-032 , ¶ 15, 113 N.M. 691 , 831 P.2d 990 . {4} Instead, this Court operates pursuant to a presumption of correctness in favor of the trial court’s rulings, see State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or decisions of the trial court, and the party claiming error bears the burden of showing such error), and it is the appellant’s burden to demonstrate error on appeal.

2020In re Estate of Heeter, 1992-NMCA-032 , ¶ 15, 113 N.M. 691 , 831 P.2d 990 . {4} Instead, this Court operates pursuant to a presumption of correctness in favor of the trial court’s rulings, see State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or decisions of the trial court, and the party claiming error bears the burden of showing such error), and it is the appellant’s burden to demonstrate error on appeal.

12020–2020

Where else courts name it

CA 54 (2002–2026) OH 44 (1993–2025) VA 27 (1996–2025) FL 20 (1964–2025) NM 16 (2009–2025) NH 8 (2001–2024) MO 6 (1982–2016) TX 4 (2000–2024) SC 3 (2014–2022) IL 3 (2018–2025) OR 3 (2012–2023) WA 2 (2005–2005) MN 2 (2014–2016) ID 2 (2022–2024) UT 2 (2013–2024) HI 2 (2007–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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