matters presented hearing (New Mexico) · Go Syfert
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matters presented hearing in New Mexico

9 New Mexico opinions name it 2 courts 1978–2019 0 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 (4)

CaseFollowedCited
State Ex Rel. Reynolds v. Molybdenum Corp. of Americayellow
nm · 1972 · cited in 7 New Mexico opinions naming this issue, 1978–2019
2 sentences

2010Our Supreme Court, in examining the specific facts of that case, fashioned a two-pronged test, which required district courts to first determine “upon the basis of the court record and the matters presented at the hearing, whether such action has been timely taken by the plaintiff, the cross-claimant or the counter-claimant against whom the motion is directed.” Id. at 697 , 496 P.2d at 1093 .

2010Our Supreme Court, in examining the specific facts of that case, fashioned a two-pronged test, which required district courts to first determine “upon the basis of the court record and the matters presented at the hearing, whether such action has been timely taken by the plaintiff, the cross-claimant or the counter-claimant against whom the motion is directed.” Id. at 697 , 496 P.2d at 1093 .

27
Summit Electric Supply Co. v. Rhodes & Salmon, P.C.green
nmctapp · 2010 · cited in 1 New Mexico opinions naming this issue, 2019–2019
1 sentence

2019Nevertheless, before granting a motion to dismiss pursuant to Rule 1-041(E)(1), the district court must first determine “upon the basis of the court record and the matters presented at the hearing, whether such action has been timely” and if not timely, then the district court asks “whether the party against whom the [motion to dismiss] is directed has been excusably prevented from taking such action.” Summit, 2010-NMCA-086, ¶ 10 (quoting State ex rel.

11
DiMatteo v. County of Dona Anagreen
nmctapp · 1989 · cited in 1 New Mexico opinions naming this issue, 1993–1993
2 sentences

1993See SCRA 1-012(B)(6); cf. DiMatteo v. County of Dona Ana, 109 N.M. 374, 378 , 785 P.2d 285, 289 (Ct.App.1989) (where court in ruling upon motion to dismiss considers matters outside the pleadings, order is reviewed as an order granting summary judgment).

1993See SCRA 1-012(B)(6); cf. DiMatteo v. County of Dona Ana, 109 N.M. 374, 378 , 785 P.2d 285, 289 (Ct.App.1989) (where court in ruling upon motion to dismiss considers matters outside the pleadings, order is reviewed as an order granting summary judgment).

11
Sweenhart v. Co-Con, Inc.green
nmctapp · 1981 · cited in 1 New Mexico opinions naming this issue, 1988–1988
2 sentences

1988See Merrill v. Stringer; Trujillo v. Galio; see also Sweenhart v. Co-Con, Inc., 95 N.M. 773 , 626 P.2d 310 (Ct.App.1981).

1988See Merrill v. Stringer; Trujillo v. Galio; see also Sweenhart v. Co-Con, Inc., 95 N.M. 773 , 626 P.2d 310 (Ct.App.1981).

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

NM 9 (1978–2019) IL 4 (1971–1979) IN 2 (2011–2011)

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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