[Download] "Schueller v. Schueller" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Schueller v. Schueller
- Author : New Mexico Court of Appeals
- Release Date : January 31, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Defendant moved to dismiss on the ground the supplemental decree assigned all corporate debts to Plaintiff and was dispositive. The district court agreed and dismissed the complaint. Plaintiff argues that the district court erred in failing to accept the allegations of the complaint as true, see Phifer v. Herbert, 115 N.M. 135, 139, 848 P.2d 5, 9 (Ct. App. 1993) (standard of review for motions to dismiss), and, if the district court actually considered the affidavit he submitted, there were questions of material fact, see Barreras v. New Mexico Corrections Department, 114 N.M. 366, 368, 838 P.2d 983, 985 (1992) (standard of review for motions for summary judgment). Given our Disposition of the case, we need not consider whether the district courts order of dismissal was issued pursuant to SCRA 1986, 1-012 or SCRA 1986, 1-056.
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