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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.