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Martinez v. Friede2/20/2004
This is especially true in a case such as this, where only after an ambiguous or illogical verdict is returned by the jury will the district court be able to conclude (with the added benefit of hindsight) that the jury must have been confused.
Finally, it is of little or no consequence that the district court did not explicitly rely on Rule 1-060(B) in its order granting a new trial. The substance of the order controls, not its title or form. Cf. Century Bank v. Hymans, 120 N.M. 684, 689, 905 P.2d 722, 727 (Ct. App. 1995) ("The movant need not cite the provision authorizing the motion; the substance of the motion, not its title, controls."). In its order filed on December 13, 1999, the district court clearly granted a new trial in this case on the basis of juror confusion. Since we have held this to be an appropriate action under Rule 1-060(B)(6), the district court's failure to cite the rule does not render its order without force.
V.
The Court of Appeals erred in holding that the district court lacked jurisdiction to grant Petitioner a new trial on damages. Thus, we reverse Martinez v. Friede, 2003-NMCA-081, 133 N.M. 834, 70 P.3d 1273 and reinstate the May 24, 2001 judgment entered by the district court, which included damages of $10,353.75 for Petitioner's pain and suffering.
IT IS SO ORDERED.
WE CONCUR:
PETRA JIMENEZ MAES, Chief Justice
PATRICIO M. SERNA, Justice
RICHARD C. BOSSON, Justice
EDWARD L. CHAVEZ, Justice
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