Gathman-Matotan Architects & Planners, Inc. v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that dismissal for failure to prosecute did not toll the limitations period
• stating that, for purposes of Section 37-1-14, a dismissal for failure to prosecute is functionally the same as a dismissal for negligence in prosecution
• stating that Section 37-1-14 “operates to suspend the running of an otherwise applicable statute of limitations when an action is timely commenced”
• rejecting the plaintiffs attempt to distinguish between failure to prosecute and negligence in prosecution while interpreting NMSA 1978, § 37-1-14 (1880)
• “[T]he filing of a complaint ordinarily tolls the applicable limitations period. In this respect, New Mexico has adopted an ‘equitable’ or nonstatutory tolling principle alongside the statutory tolling provisions in NMSA 1978, Sections 37-1-14, 37-1-9 and 37-1-12.”
• limiting King’s scope to dismissals for lack of prosecution

Source: CourtListener parenthetical corpus (CC0).