· 7/10/1978
Phelps Dodge Corp. v. Guerra
Citations
- 582 P.2d 819
- 92 N.M. 47
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an appellate court \will not interfere with the 14 action of [a] trial court in vacating a judgment except upon a showing of abuse of 15 discretion\
- stating that courts should liberally construe Rule 60(b)(1) in favor of relief although the courts “must consider whether there are any intervening equities that make it inequitable to grant relief’
- noting that 3 nomenclature of a pleading is not significant
- “Setting aside a judgment under Rule 1-060(B) is discretionary with the trial court.”
- “The intendment of Rule 60(b) is to carefully balance the competing principles of finality and relief from unjust judgments.”
- manner in which relief is requested and nomenclature used is not significant; where facts clearly brought party’s claim within Rule 60(b)(5), party’s failure to specifically plead that rule did not warrant refusing relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Easley, McManus, Payne, Federicki, Sosa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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