Lowery v. Atterbury

How courts have described this case

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

• recognizing Rule 1-041(B) dismissal with prejudice, but holding that circumstances were not “so extreme as to justify dismissal”
• stating that involuntary dismissals are limited to instances where a plaintiffs conduct is extreme and that the court must consider lesser sanctions prior to dismissal and use dismissal sparingly
• reviewing Rule 1-041(B) NMRA 2003 dismissal with prejudice under abuse of discretion standard
• refusing to default pro se defendants lacking sufficient funds for counsel, despite repeated violations
• reaffirming established authority that Rule 1-041(B) does not require notice and a hearing
• reaffirming established authority that Rule 1-041(B) does not require notice and a hearing

Source: CourtListener parenthetical corpus (CC0).