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8 New Mexico opinions name it 2 courts 1986–2013 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.
| Case | Followed | Cited |
|---|---|---|
Adams v. Keygreen1 sentence2013Rule 1-013(A) provides: 15 A pleading shall state as a counterclaim any claim which at the time of 16 serving the pleading the pleader has against any opposing party, if it 17 arises out of the transaction or occurrence that is the subject matter of the 18 opposing party’s claim and does not require for its adjudication the 19 presence of third parties of whom the court cannot acquire jurisdiction. 20 As we discussed in Key, Rule 1-013(A) is triggered by its “opposing party” provision. 21 Key, 2008-NMCA-135, ¶ 17 (citing Computer One, Inc. v. Grisham & Lawless, P.A., 7 1 2008-NMSC-038, ¶ 18 , | 1 | 1 |
City of Sunland Park v. MacIasgreen2 sentences2011See Rule 1-013(A) (“A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.”); see also City of Sunland Park v. Macias, 2003-NMCA-098, ¶18 , 134 N.M. 216 , 75 P.3d 816 (“Res judicata bars not only claims that were raised in the prior proceeding, but also claims that could have been raised.”). 2011See Rule 1-013(A) (“A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.”); see also City of Sunland Park v. Macias, 2003-NMCA-098, ¶18 , 134 N.M. 216 , 75 P.3d 816 (“Res judicata bars not only claims that were raised in the prior proceeding, but also claims that could have been raised.”). | 1 | 1 |
Bentz v. Petersongreen2 sentences2011See Rule 1-013(A) NMRA (stating that “[a] pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim”); Bentz v. Peterson, 107 N.M. 597, 601 , 762 P.2d 259, 263 (Ct. App. 1988) (stating that “[f]ailure to plead a compulsory counterclaim bars a later action on that claim”). 2011See Rule 1-013(A) NMRA (stating that “[a] pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim”); Bentz v. Peterson, 107 N.M. 597, 601 , 762 P.2d 259, 263 (Ct. App. 1988) (stating that “[f]ailure to plead a compulsory counterclaim bars a later action on that claim”). | 1 | 1 |
Slide-A-Ride of Las Cruces, Inc. v. Citizens Bankgreen2 sentences1993See Slide-A-Ride, 105 N.M. at 435 , 733 P.2d at 1318 (purpose of SCRA 1-013 is to avoid multiplicity of actions and resolve in single action all disputes arising out of common matters); Evans Fin. 1993See Slide-A-Ride, 105 N.M. at 435 , 733 P.2d at 1318 (purpose of SCRA 1-013 is to avoid multiplicity of actions and resolve in single action all disputes arising out of common matters); Evans Fin. | 1 | 1 |
Heffern v. First Interstate Bankgreen2 sentences1987(Emphasis added.) The purpose of Rule 1-013 is “to prevent multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters.” Heffern v. First Interstate Bank, 99 N.M. 531, 533 , 660 P.2d 621, 623 (Ct.App.1983) (quoting Southern Constr. 1987(Emphasis added.) The purpose of Rule 1-013 is “to prevent multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters.” Heffern v. First Interstate Bank, 99 N.M. 531, 533 , 660 P.2d 621, 623 (Ct.App.1983) (quoting Southern Constr. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bennett v. Kisluk
green
2 sentences2007Computer One bases its argument on Bennett v. Kisluk, 112 N.M. 221 , 814 P.2d 89 (1991), in which our Supreme Court held that a motion for legal fees was insufficient to invoke the compulsory counterclaim rule. 2007Computer One bases its argument on Bennett v. Kisluk, 112 N.M. 221 , 814 P.2d 89 (1991), in which our Supreme Court held that a motion for legal fees was insufficient to invoke the compulsory counterclaim rule. | 2 | 2007–2007 |
Computer One, Inc. v. Grisham & Lawless P.A.
green
2 sentences2013Rule 1-013(A) provides: 15 A pleading shall state as a counterclaim any claim which at the time of 16 serving the pleading the pleader has against any opposing party, if it 17 arises out of the transaction or occurrence that is the subject matter of the 18 opposing party’s claim and does not require for its adjudication the 19 presence of third parties of whom the court cannot acquire jurisdiction. 20 As we discussed in Key, Rule 1-013(A) is triggered by its “opposing party” provision. 21 Key, 2008-NMCA-135, ¶ 17 (citing Computer One, Inc. v. Grisham & Lawless, P.A., 7 1 2008-NMSC-038, ¶ 18 , 2013Rule 1-013(A) provides: 15 A pleading shall state as a counterclaim any claim which at the time of 16 serving the pleading the pleader has against any opposing party, if it 17 arises out of the transaction or occurrence that is the subject matter of the 18 opposing party’s claim and does not require for its adjudication the 19 presence of third parties of whom the court cannot acquire jurisdiction. 20 As we discussed in Key, Rule 1-013(A) is triggered by its “opposing party” provision. 21 Key, 2008-NMCA-135, ¶ 17 (citing Computer One, Inc. v. Grisham & Lawless, P.A., 7 1 2008-NMSC-038, ¶ 18 , | 1 | 2013–2013 |
Evans Financial Corp. v. Strasser
green
2 sentences1986In Strasser , the Court held: When the applicable rule of procedure requires or allows the defendant to assert as a counterclaim any claim he has against the plaintiff if it arises out of the subject matter of the original action, the defendant is entitled to a jury trial of the legal issues presented in the counterclaim. 99 N.M. at 791 , 664 P.2d at 989 . 1986In Strasser , the Court held: When the applicable rule of procedure requires or allows the defendant to assert as a counterclaim any claim he has against the plaintiff if it arises out of the subject matter of the original action, the defendant is entitled to a jury trial of the legal issues presented in the counterclaim. 99 N.M. at 791 , 664 P.2d at 989 . | 1 | 1986–1986 |
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.