[Download] "Cottonwood Enterprises v. Mcalpin" by New Mexico Supreme Court # Book PDF Kindle ePub Free

eBook details

Title: Cottonwood Enterprises v. Mcalpin
Author : New Mexico Supreme Court
Release Date : January 26, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Plaintiff appeals the dismissal of its claim based on an SCRA 1986, 1-041(E) motion to dismiss for inactivity, arguing that the trial courts grant of the motion constituted abuse of discretion. Plaintiff also contends that dismissal pursuant to defendants SCRA 1986, 1-012(B)(6) motion for failure to state a claim upon which relief can be granted and defendants SCRA 1986, 1-012(B)(7) motion for failure to join a necessary party would have been erroneous. We reverse the trial courts grant of the 1-041(E) motion, which dismissed the cause with prejudice for inactivity, and remand to the trial court for consideration of defendants other motions and for trial, if required.