[Download] "Martinez v. Friede" by In the Supreme Court of the State of New Mexico " eBook PDF Kindle ePub Free
eBook details
- Title: Martinez v. Friede
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 20, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1 We were petitioned to review the opinion of the Court of Appeals, which held that the district courts order granting a new trial was void since the court lacked jurisdiction to rule on a motion for new trial more than thirty days after it was filed. Martinez v. Friede, 2003-NMCA-081, 1, 133 N.M. 834, 70 P.3d 1273. We granted certiorari pursuant to NMSA 1978, Section 34-5-14(B) (1972) and Rule 12-502 NMRA 2004. We hold that the district court lacked the authority to grant Petitioners motion for new trial under Rule 1-059 NMRA 2004; however, the district courts reopening of the judgment and granting of a new trial was authorized and proper under Rule 1-060(B)(6) NMRA 2004. Therefore, we reverse the Court of Appeals and reinstate the May 24, 2001 judgment in this case, which included damages of $10,353.75 for Petitioners pain and suffering.