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Decision Information

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This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • The Plaintiff, The Cadle Company, filed a lawsuit in 2016 against the Defendant, Stephen J. Seavall, based on a judgment from 2009, which itself was based on a judgment from 2002, originating from a 1987 judgment. The Plaintiff sought to recover the unpaid amount of the 2009 judgment, including interest accrued since the 1987 judgment. The Defendant argued that the lawsuit was barred by New Mexico law, which permits only one revival of a judgment within fourteen years from the date of the original judgment (paras 2-3).

Procedural History

  • District Court of Bernalillo County: Granted summary judgment in favor of the Defendant, concluding that the 2016 lawsuit was time-barred as it sought to revive a judgment from 1987, more than twenty-nine years after it was rendered (para 4).

Parties' Submissions

  • Plaintiff: Argued that the 2016 lawsuit was not an action to revive the 1987 judgment but was a separate action on the 2009 judgment. Contended that the 1987 judgment merged into the 2002 judgment, which then merged into the 2009 judgment, making the 2016 lawsuit timely (para 5).
  • Defendant: Argued that New Mexico law permits only one revival of a judgment and that the Plaintiff’s 2016 lawsuit was barred under Section 37-1-2, as it was an attempt to revive the 1987 judgment (para 3).

Legal Issues

  • Whether the district court erred in granting summary judgment by finding the Plaintiff’s 2016 lawsuit was time-barred as an attempt to revive the 1987 judgment rather than being a separate action on the 2009 judgment (para 5).

Disposition

  • The Court of Appeals of the State of New Mexico reversed the district court's decision and remanded the case (para 16).

Reasons

  • Per VARGAS, J., with DUFFY, J., and WECHSLER, J., Pro Tempore, concurring:
    The Court found that the district court erred in its interpretation of the Plaintiff’s 2016 lawsuit as an attempt to revive the 1987 judgment. Instead, it was determined that the lawsuit was a separate action on the 2009 judgment. The Court concluded that under New Mexico law, judgment creditors are permitted to bring an action on a judgment to obtain a new judgment, upon which a new limitations period will run. This process does not constitute a revival of the original judgment but creates a new and separate judgment. Therefore, the 2016 lawsuit, being based on the 2009 judgment, was timely filed within the fourteen-year limitations period applicable to the 2009 judgment. The Court also noted that it is the Legislature's responsibility to decide if and when the common law action on a judgment should be limited or prohibited under New Mexico law (paras 5-15).
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