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· 8/24/1981

Wood v. Millers National Insurance

Citations

  • 632 P.2d 1163
  • 96 N.M. 525

How courts have described this case

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

  • holding that parties reach a “point of no return” and waive arbitration at the moment they “invoke[ ] the court’s discretionary power, prior to demanding arbitration, on a question other than ... arbitration ]”
  • holding that the right to arbitrate is waived when 10 a “party seeking to compel arbitration invokes the court’s discretionary power, prior 11 to demanding arbitration, on a question other than its demand for arbitration”
  • discussing the district court’s balancing of judicial economy and the rights of the parties with respect to a stay
  • “To hold otherwise would permit a party to resort to court action until an unfavorable result is reached and then switch to arbitration. We cannot sanction such a procedure.”
  • arbitration waived when right asserted after adverse ruling on a motion to dismiss
  • arbitration waived when right asserted after adverse ruling on a motion to dismiss

Source: CourtListener parenthetical corpus (CC0).

Judges: Payne, Easley, 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.