(Download) "Goldberg v. Uptown Inc." by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Goldberg v. Uptown Inc.
- Author : New Mexico Supreme Court
- Release Date : January 25, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
An order striking a counterclaim has long been considered by New Mexico courts to be an interlocutory order and not a final judgment. See Floyd v. Towndrow, 48 N.M. 444, 152 P.2d 391 (1944). For purposes of appeal, an order or judgment is not considered final unless all issues of law and fact have been determined and the case disposed of by the trial court to the fullest extent possible. Clancy v. Gooding, 98 N.M. 252, 647 P.2d 885 (Ct. App.1982); Johnson v. C & H Construction Co., 78 N.M. 423, 432 P.2d 267 (Ct. App.1967). When a court disposes of only one of several claims, it clearly has not determined all issues of law and fact presented by the case. See Mock Homes, Inc. v. Wakely, 82 N.M. 179, 477 P.2d 813 (1970) (judgment entered on cross-claims but not on plaintiffs complaint was not a final judgment from which an appeal would lie).