· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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