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Martinez v. Friede2/20/2004
jurisdiction by granting a new trial more than thirty days after the motion for new trial was filed. Martinez, 2003-NMCA-081, 6. Rule 1-059(D) states that " f a motion for new trial is not granted within thirty (30) days from the date it is filed, the motion is automatically denied." The Court of Appeals noted that Petitioner's motion for new trial was denied by operation of law since the district court failed to rule on that motion within thirty days of its filing. Martinez, 2003-NMCA-081, 13. Thus, the court held that the order granting a new trial "was void for want of jurisdiction, as were any proceedings conducted pursuant to that order." Id.
In so holding, the Court of Appeals addressed the applicability of Archuleta v. New Mexico State Police, 108 N.M. 543, 545-46, 775 P.2d 745, 747-48 (Ct. App. 1989), which held that a district court may grant a motion for new trial beyond the thirty-day time limit imposed by Rule 1-059(D), provided the motion would have been authorized under Rule 1-060(B). The court, though, implicitly determined that Petitioner's motion was not authorized under Rule 1-060(B). The court cited Dozier v. Dozier, 118 N.M. 69, 878 P.2d 1018 (Ct. App. 1994) for the proposition that "a Rule 1-060(B) motion may not be used to obtain relief on a ground that was known or should have been known to the movant in time to bring a Rule 1-059 motion." Martinez, 2003-NMCA-081, 11. Based on this proposition, the court concluded:
Here, the trial court granted the new trial on the ground that the jury likely was confused by the extemporized modification to the jury instruction on damages for pain and suffering. There is no dispute as to the fact that [Petitioner's] counsel participated in the preparation of the modified UJI. Because the fact of the modification of the UJI on damages for pain and suffering was known to [Petitioner] and its possible role in the jury's failure to award damages for past pain and suffering was known or should have been known to [Petitioner] when she filed her motion for a new trial, Dozier precludes the characterization of [Petitioner's] motion for a new trial as a Rule [1-060(B)] motion. Thus, [Petitioner] is relegated to the remedy provided by Rule 1-059.
Id. 12. Therefore, since Petitioner's motion for new trial was denied by operation of law pursuant to Rule 1-059(D), the court vacated the May 24, 2001 judgment awarding Petitioner $10,353.75 in pain and suffering and reinstated the August 3, 1999 judgment failing to award Petitioner any damages for pain and suffering. Id. 17.
III.
The determination of whether the district court had jurisdiction to grant a new trial is a question of law, which we review de novo. Cf. Gallegos v. Pueblo of Tesuque, 2002-NMSC-012, 6, 132 N.M. 207, 46 P.3d 668 ("In reviewing an appeal from an order granting or denying a motion to dismiss for lack of jurisdiction, the determination of whether jurisdiction exists is a question of law which an appellate court reviews de novo."), cert. dismissed, 536 U.S. 990 (2002). In de novo review, we exercise our own independent judgment without assigning special weight to the decision of either the district court or the Court of Appeals. See United States v. Brian N., 900 F.2d 218, 220 (10th Cir. 1990).
A.
Rule 1-059 sets forth the procedures governing post-trial motions for new trial in civil cases. Rule 1-059(A) provides that " new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted." Under Rule 1-059(B), a party's motion for new trial must be filed
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