honest belief waiver (New Mexico) · Go Syfert
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honest belief waiver in New Mexico

7 New Mexico opinions name it 2 courts 1970–2025 1 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 (6)

CaseFollowedCited
Ed Black's Chevrolet Center, Inc. v. Melichargreen
nm · 1970 · cited in 4 New Mexico opinions naming this issue, 1994–2012
2 sentences

2012Brown v. Jimerson, 95 N.M. 191, 192-93 , 619 P.2d 1235, 1236-37 (1980); see Ed Black’s Chevrolet Ctr., Inc. v. Melichar, 81 N.M. 602, 604 , 471 P.2d 172, 174 (1970) (“In no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby, unless, by his conduct, the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.”); see also Brown v. Taylor, 120 N.M. 302, 305 , 901 P.2d 720, 723 (1995) (holding that a theory of implied waivermustbe supported by evidence th

2012Brown v. Jimerson, 95 N.M. 191, 192-93 , 619 P.2d 1235, 1236-37 (1980); see Ed Black’s Chevrolet Ctr., Inc. v. Melichar, 81 N.M. 602, 604 , 471 P.2d 172, 174 (1970) (“In no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby, unless, by his conduct, the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.”); see also Brown v. Taylor, 120 N.M. 302, 305 , 901 P.2d 720, 723 (1995) (holding that a theory of implied waivermustbe supported by evidence th

44
Brown v. Jimersongreen
nm · 1980 · cited in 3 New Mexico opinions naming this issue, 2011–2025
2 sentences

2025In no case will a waiver be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless, by [their] conduct, the opposite party has been misled, to [their] prejudice, into the honest belief that such waiver was intended or consented to.”1 Brown v. Jimerson, 1980-NMSC-125 , ¶ 6, 95 N.M. 191 , 619 P.2d 1235 (internal quotation marks and citation omitted). 1We take a moment to briefly address Defendants’ knowledge of the MAA and their right to enforce arbitration.

2025In no case will a waiver be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless, by [their] conduct, the opposite party has been misled, to [their] prejudice, into the honest belief that such waiver was intended or consented to.”1 Brown v. Jimerson, 1980-NMSC-125 , ¶ 6, 95 N.M. 191 , 619 P.2d 1235 (internal quotation marks and citation omitted). 1We take a moment to briefly address Defendants’ knowledge of the MAA and their right to enforce arbitration.

23
Brown v. Taylorgreen
nm · 1995 · cited in 2 New Mexico opinions naming this issue, 2011–2012
2 sentences

2012Brown v. Jimerson, 95 N.M. 191, 192-93 , 619 P.2d 1235, 1236-37 (1980); see Ed Black’s Chevrolet Ctr., Inc. v. Melichar, 81 N.M. 602, 604 , 471 P.2d 172, 174 (1970) (“In no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby, unless, by his conduct, the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.”); see also Brown v. Taylor, 120 N.M. 302, 305 , 901 P.2d 720, 723 (1995) (holding that a theory of implied waivermustbe supported by evidence th

2012Brown v. Jimerson, 95 N.M. 191, 192-93 , 619 P.2d 1235, 1236-37 (1980); see Ed Black’s Chevrolet Ctr., Inc. v. Melichar, 81 N.M. 602, 604 , 471 P.2d 172, 174 (1970) (“In no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby, unless, by his conduct, the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.”); see also Brown v. Taylor, 120 N.M. 302, 305 , 901 P.2d 720, 723 (1995) (holding that a theory of implied waivermustbe supported by evidence th

22
Arnold v. Krewsongreen
moctapp · 1992 · cited in 1 New Mexico opinions naming this issue, 1999–1999
1 sentence

1999Under certain circumstances, a second type of waiver sounding in equity and based on acquiescence, may arise “where the evidence shows the existence of an agreement ... supported by consideration, and where the agreement has been acquiesced in over a period of time under circumstances giving rise to estoppel.” Id. at 568, 874 P.2d at 29 (citing Arnold v. Krewson, 834 S.W.2d 229, 232 (Mo.Ct.App.1992)). {13} Our Supreme Court has previously stated that, “ ‘[i]n no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby,

11
Wagner v. Wagnergreen
wash · 1980 · cited in 1 New Mexico opinions naming this issue, 1994–1994
2 sentences

1994Hunter v. Hunter, 669 P.2d 430, 432 (Utah 1983); see also Wagner v. Wagner, 95 Wash.2d 94 , 621 P.2d 1279, 1284 (1980) (en banc).

1994Hunter v. Hunter, 669 P.2d 430, 432 (Utah 1983); see also Wagner v. Wagner, 95 Wash.2d 94 , 621 P.2d 1279, 1284 (1980) (en banc).

11
Hunter v. Huntergreen
utah · 1983 · cited in 1 New Mexico opinions naming this issue, 1994–1994
1 sentence

1994Hunter v. Hunter, 669 P.2d 430, 432 (Utah 1983); see also Wagner v. Wagner, 95 Wash.2d 94 , 621 P.2d 1279, 1284 (1980) (en banc).

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
Sisneroz Ex Rel. Angelin G. v. Polanco green
nmctapp · 1999
1 sentence

2009In no case will a waiver be presumed or implied unless Wife’s actions misled Husband “to his prejudice, into the honest belief that such waiver was intended or consented to.” Id. (internal quotation marks and citation omitted). {35} Here, there was sufficient evidence to support the district court’s conclusion that Wife did not waive her rights to the PERA benefits.

12009–2009
McCurry v. McCurrSy green
nmctapp · 1994
2 sentences

1999Under certain circumstances, a second type of waiver sounding in equity and based on acquiescence, may arise “where the evidence shows the existence of an agreement ... supported by consideration, and where the agreement has been acquiesced in over a period of time under circumstances giving rise to estoppel.” Id. at 568, 874 P.2d at 29 (citing Arnold v. Krewson, 834 S.W.2d 229, 232 (Mo.Ct.App.1992)). {13} Our Supreme Court has previously stated that, “ ‘[i]n no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby,

1999Under certain circumstances, a second type of waiver sounding in equity and based on acquiescence, may arise “where the evidence shows the existence of an agreement ... supported by consideration, and where the agreement has been acquiesced in over a period of time under circumstances giving rise to estoppel.” Id. at 568, 874 P.2d at 29 (citing Arnold v. Krewson, 834 S.W.2d 229, 232 (Mo.Ct.App.1992)). {13} Our Supreme Court has previously stated that, “ ‘[i]n no case will a waiver be presumed or implied, contrary to the intention of the party whose rights would be injuriously affected thereby,

11999–1999
Chase v. National Indemnity Co. green
calctapp · 1954
2 sentences

1970Chase v. National Indem nity Company, 129 Cal.App.2d 853 , 278 P.2d 68 (1954).

1970Chase v. National Indem nity Company, 129 Cal.App.2d 853 , 278 P.2d 68 (1954).

11970–1970

Where else courts name it

TX 17 (1922–2015) CA 14 (1921–2023) PA 9 (1946–2023) NM 7 (1970–2025) ID 6 (1924–1983) MD 4 (1991–2006) OR 4 (1965–2021) OH 3 (2013–2026) ME 2 (1948–1965) AZ 2 (1965–1969) MA 2 (2013–2019) IA 2 (1951–2025)

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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