Carrington Mortgage Services, LLC v. Padilla
36,097
| N.M. Ct. App. | Jun 13, 2017Background
- Plaintiff-carried foreclosure action against Defendants; case filed May 7, 2010.
- District court dismissed the case for lack of prosecution for the third time on Feb. 9, 2016.
- Plaintiff moved to reinstate; Defendants urged denial of reinstatement and dismissal without prejudice or with prejudice.
- May 10, 2016, district court denied reinstatement and dismissed the action with prejudice.
- Plaintiff sought Rule 1-059 NMRA reconsideration, which was denied; appeal followed.
- This Court affirms denial of reinstatement and reverses the dismissal with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused in denying reinstatement for good cause. | Plaintiff contends good cause existed to reinstate. | Defendants contend dismissal with prejudice was warranted. | No, abuse of discretion; no clear good cause shown. |
| Whether the district court properly dismissed with prejudice or without prejudice. | Plaintiff argues dismissal without prejudice should stand. | Defendants sought dismissal with prejudice. | Court reversed dismissal with prejudice; dismissal without prejudice remains. |
Key Cases Cited
- Summit Elec. Supply Co. v. Rhodes & Salmon, P.C., 148 N.M. 590 (NM Court of Appeals 2010) (good cause standard for reinstatement under Rule 1-041(E)(2) and abuse of discretion review)
- Bankers Trust Co. of Cal., N.S. v. Baca, 141 N.M. 127 (NM Court of Appeals 2007) (denial of reinstatement following Rule 1-041(E)(2) dismissal without prejudice does not become a dismissal with prejudice)