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Fidelity National Bank v. Lobo Hijo Corp.
92 N.M. 737 (N.M. Ct. App. 1979)4 Citing cases
In re Aguilar
95 B.R. 208 (Bankr. D.N.M. 1989) Cited 1 timesThe Bank properly exercised its contractual right of offset as far as the $23,000 transferred to Bav-Ma is concerned. Fidelity National Bank v. Lobo Hijo Corp., 92 N.M. 737, 594 P.2d 1193 (N.M.App.1979). That part of Count II alleging conversion of $23,000 is dismissed and summary judgment shall enter for the bank.
Danzer v. Professional Insurors, Inc.
101 N.M. 178 (N.M. 1984) Cited 8 timesReviewing a challenge to the amount of damages awarded to an employee for an employer's breach of their employment agreement
Pamp. 1980), provides that issues tried by express or implicit consent of the parties shall be treated as if they had been raised by the pleadings, and a failure to move to so amend "does not affect the result of the trial of these issues." See also Fidelity Nat. Bank v. Lobo Hijo Corp., 92 N.M. 737, 594 P.2d 1193 (Ct.App. 1979). Since the evidence conclusively showed Danzer's breach of one of the issues of Insurors' litigated counterclaim, it was error for the trial court to find against Insurors on all issues.
Taxation and Revenue Dept. v. Van Ruiten
107 N.M. 536 (N.M. Ct. App. 1988) Cited 24 timesHolding that an unidentified caller's report that a man at a convenience store who was apparently intoxicated had driven away in a vehicle, which was described with sufficient particularity that the police were able to locate it fifteen minutes later, supplied an adequate basis for an investigatory stop and DWI investigation
In those cases, the party appealing failed to request findings and conclusions and this court held that it would not review evidence where the appellant fails to tender specific findings and conclusions. See Dillard v. Dillard, 104 N.M. 763, 727 P.2d 71 (Ct.App. 1986); Pedigo v. Valley Mobile Homes, Inc., 97 N.M. 795, 643 P.2d 1247 (Ct.App. 1982); Fidelity Nat'l Bank v. Lobo Hijo Corp., 92 N.M. 737, 594 P.2d 1193 (Ct.App. 1979). Such is not the case here.
McCaffery v. Steward Const. Co.
101 N.M. 51 (N.M. Ct. App. 1984) Cited 5 timesPlaintiff's failure to timely request that the trial court adopt more specific findings of fact and conclusions of law constitutes a waiver of any objections as to the sufficiency of the trial court's findings and conclusions in its letter decision. See Wagner Land Inv. Co. v. Halderman, 83 N.M. 628, 495 P.2d 1075 (1972); MacNair v. Stueber, 84 N.M. 93, 500 P.2d 178 (1972); State v. Fernandez; Fidelity Nat. Bank v. Lobo Hijo Corp., 92 N.M. 737, 594 P.2d 1193 (Ct.App.), cert. denied, 92 N.M. 675, 593 P.2d 1078 (1979); see also Kipp v. McBee. In Fernandez, Justice Compton stated that the addition of subsection 6 as a part of Rule 52(B) was a recognition of the existing custom and practice in New Mexico that a party will be deemed to have waived any objections concerning a trial court's failure to adopt specific findings and conclusions if that party has failed to make a timely general request therefor in writing or fails to tender specific findings and conclusions.