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· 2/19/1990

Richardson v. Rutherford

Citations

  • 787 P.2d 414
  • 109 N.M. 495

How courts have described this case

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

  • holding that ambiguity of general verdict based on more than one claim requires remand
  • determining that abuse of process may be found in the filing of a complaint itself
  • allowing a claim for abuse of process based on a request for excessive damages contained in the complaint, in light of a lack of reasonable investigation into the extent of injury, and based on excessive attachments to the complaint
  • reversing trial court’s grant of j.n.o.v. on abuse of process verdict and remanding for new trial where ranch owner brought $3,000,000 lawsuit against former manager on sixty-one counts but could only establish that manager had improperly removed $3,000 worth of timber
  • “The initial use of process itself may constitute the required overt act under the facts.”
  • “Some definite act or threat not authorized by the process, or aimed at an objective not legitimate in the use of the process, is required [.]” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ransom, Sosa, Baca

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.