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