 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sam v. Estate of Sam12/12/2003
ir to infer that an appeal was being taken only from the June 17 order granting summary judgment to the Estate.
Plaintiffs' Appeal of the District Court's Dismissal of the Trust Is Not Timely
Nonetheless, Plaintiffs argue that it was proper to wait to appeal the order dismissing the Trust because "the question of the Trust's potential liability in the present case is so connected with the issues involving the Estate that any appeal of the Trust's dismissal before this time would have been improper." Plaintiffs are correct that in cases involving multiple defendants " f the determination of the issues relating to the dismissed defendant will or may affect the determination of the remaining issues, the judgment of dismissal is not appealable." Klinchok v. W. Sur. Co. of Am., 71 N.M. 5, 7, 375 P.2d 214, 216 (1962) (internal quotation marks and citation omitted). Further, in the interest of orderly procedure and judicial economy, we avoid piece-meal appeals. Id. at 8, 375 P.2d at 217.
Here, Plaintiffs fail to demonstrate how the Trust's liability is so related to or connected with the theory of liability against the Estate so that one affects the other. Therefore, the two appeals need not be considered together, and because Plaintiffs did not timely appeal the October 3 order dismissing the Trust, as required by Rule 12-201, we do not have jurisdiction over the appeal.
The District Court Erred in Granting Summary Judgment to the Estate
The Estate contends that the district court was correct in concluding that Plaintiffs' claims should be dismissed under either Arizona or New Mexico law because "in either state in the same situation would only be subject to a one or two-year statute" of limitations. We disagree.
Standard of Review
The standard of review for determining whether governmental immunity under the Tort Claims Act bars a tort claim is a question of law which we review de novo. Godwin v. Mem'l Med. Ctr., 2001-NMCA-033, 23, 130 N.M. 434, 25 P.3d 273. "The standard of review for a motion for summary judgment is whether there are any genuine issues of material fact and whether the moving party is entitled to summary judgment as a matter of law." Williams v. Cent. Consol. Sch. Dist., 1998-NMCA-006, 7, 124 N.M. 488, 952 P.2d 978; see also Rule 1-056(C) NMRA 2003; Self v.United Parcel Serv., Inc., 1998-NMSC-046, 6, 126 N.M. 396, 970 P.2d 582 (reviewing questions of law de novo). We consider the facts in the light most favorable to the party opposing summary judgment. See Gillin v. Carrows Rests., Inc., 118 N.M. 120, 122, 879 P.2d 121, 123 (Ct. App. 1994). If, however, the facts are not in dispute, and only a legal interpretation of the facts remains, summary judgment is appropriate. See Garrity v. Overland Sheepskin Co., 1996-NMSC-032, 29, 121 N.M. 710, 917 P.2d 1382. The same reasoning applies to review of the grant of a motion to dismiss where all that is before the district court are pleadings and affidavits. CABA Ltd. Liab. Co. v. Mustang Software, Inc., 1999-NMCA-089, 9, 127 N.M. 556, 984 P.2d 803.
A. Arizona Law Is Inapplicable
The Estate argues that Sam was a public employee and as such, according to Arizona law, any action against his estate must have been brought within one year after the cause of action accrued. While this may be correct, New Mexico, as the forum state in this case, is not required to recognize Arizona's statute of limitations attaching or the sovereign immunity granted to its public employees. See Franchise Tax Bd. of Cal. v. Hyatt, 123 S. Ct. 1683, 1685 (2003); Nevada v. Hall, 440 U.S. 410, 414-21 (1979). Therefore, the one-y
Page 1 2 3 4 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|