421 S.W.2d 255, 259. The New Mexico standard was enunciated in the case of Jewell v Seidenberg, 82 N.M. 120; 477 P.2d 296; 49 ALR3d 121 (1970). The New Mexico Supreme Court determined that its own harmless error court rule and the history behind the adoption of its Uniform Jury Instructions barred it from following the Missouri presumption of prejudice standard.

An error is harmless unless the complaining party can show that it created prejudice. See Brooks v. K-Mart Corp., 1998-NMSC-028, ¶¶ 6-7, 125 N.M. 537, 964 P.2d 98 (concluding that a modification of jury instruction on store's duty to visitors adequately instructed jurors); Jewell v. Seidenberg, 82 N.M. 120, 124, 477 P.2d 296, 300 (1970) (concluding that failure to give appropriate Uniform Jury Instruction was not reversible error under the circumstances); Gallegos v. New Mexico Bd. of Educ., 1997-NMCA-040, ¶ 37, 123 N.M. 362, 940 P.2d 468 (holding that refusal to tender Uniform Jury Instructions in an action brought under Tort Claims Act was not reversible error);Thorp v. Cash (In re Ferrill), 97 N.M. 383, 392-93, 640 P.2d 489, 498-99 (Ct.App. 1981) (refusing to reverse without the probability of a different verdict in the absence of the error). We compel the reversal of errors for which the complaining party provides the slightest evidence of prejudice and resolve all doubt in favor of the complaining party.

Rule 1-051(D). If the current, amended version of UJI 13-1318 applied in this case, we would ask whether the amended version of the UJI improperly characterized the law of this State as it applied to the facts of this case and whether it was necessary and proper for the trial judge to modify the amended version of UJI 13-1318. Because we so recently amended UJI 13-1318 to conform to current New Mexico law, and absent findings by the trial court justifying departure from the UJI, we would likely agree that the trial court should have given the amended UJI without modification. See Jewell v. Seidenberg, 82 N.M. 120, 123, 477 P.2d 296, 299 (1970) (stating that "failure to give a mandatory instruction constitutes error"). Though likely error, such a modification of a UJI would not necessarily require reversal.

The decisions from those jurisdictions could have provided the majority with some helpful insight. Not too recently, the Supreme Court of New Mexico was called upon to examine that state's uniform instructions in an analagous context in Jewell v. Seidenberg, 82 N.M. 120, 477 P.2d 296 (1970). In Jewell, the issue was what effect the failure to use a uniform instruction had on the appellant's trial.

On appeal, it is the appellant's burden to show that the instruction given was erroneous and prejudicial. See Jewell v. Seidenberg, 82 N.M. 120, 124, 477 P.2d 296, 300 (1970). Plaintiff argues that the duty of the proffered specialist instruction misled the jury in two ways: (1) that Defendant should be held to a lower standard than a general practitioner, and (2) that the jury could only consider the testimony of general surgeons on the issue of malpractice.

McCauley does not answer the question of consequences. Defendant asserts that where there is a mandatory instruction, the applicable rule is that reversal is required if there is the slightest evidence of prejudice. Jewell v. Seidenberg, 82 N.M. 120, 477 P.2d 296 (1970); see also Adams v. United Steelworkers of America, AFL-CIO, 97 N.M. 369, 640 P.2d 475 (1982); Collins v. Michelbach, 92 N.M. 366, 588 P.2d 1041 (1979). Plaintiff would avoid the holding in Seidenberg, arguing that Seidenberg applies only to Uniform Jury Instructions, and the mandatory instruction in this case appears in the Evidence Rules.

Having determined that it was error for the trial court to give UJI 13-306, we must address whether the error requires reversal. See Rule 1-061 NMRA 1999 (requiring prejudice to substantial rights of a party in order to constitute reversible error); cf. Jewell v. Seidenberg, 82 N.M. 120, 124, 477 P.2d 296, 300 (1970) ("[T]he appellant has the burden of showing that he is prejudiced by an erroneous instruction."). As a general matter, however, we need not address whether the use of UJI 13-306 in pending cases is sufficiently prejudicial to require reversal when the doctrine of independent intervening cause would otherwise be applicable.

Although the evidence may not have been substantial to support finding number 27 concerning a value attached to the subject property, we deem any error in this regard to be harmless. See Jewell v. Seidenberg, 82 N.M. 120, 124, 477 P.2d 296, 300 (1970) (supreme court does not correct harmless error). The refusal by the court to accept any of Frank Jr.'s requested findings of fact is regarded on appeal as a finding against the party.

Deviation from required uniform jury instructions is reversible error if the appellant can show that he was prejudiced by the erroneous instruction. Jewell v. Seidenberg, 82 N.M. 120, 124, 477 P.2d 296, 300 (1970). Here, the incomplete instruction was an incorrect statement of the law in that it omitted an important limitation on the recovery of damages in contract actions.

This court does not correct harmless error. Jewell v. Seidenberg, 82 N.M. 120, 477 P.2d 296 (1970). Accordingly, our review of the summary judgment orders against appellant concerns whether the district court correctly ruled there were no genuine issues of material fact concerning the 1955 deed and the deed was fraudulent as a matter of law.