Lopez v. Wal-Mart Stores, Inc.

771 P.2d 192, 108 N.M. 259
CourtNew Mexico Court of Appeals
DecidedFebruary 28, 1989
Docket10153
StatusPublished
Cited by15 cases

This text of 771 P.2d 192 (Lopez v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. Wal-Mart Stores, Inc., 771 P.2d 192, 108 N.M. 259 (N.M. Ct. App. 1989).

Opinion

OPINION

APODACA, Judge.

Plaintiff appeals from the trial court’s denial of two motions made pursuant to SCRA 1986, 1-060(B), in which she sought to reopen the trial court’s judgment dismissing her complaint with prejudice. Because we conclude that the trial court erred in finding willful failure to comply with discovery, we reverse and remand for trial on the merits.

Plaintiff filed a complaint on July 31, 1986 for personal injuries sustained when she slipped and fell at defendant’s store. On February 23, 1987, the trial court entered an order compelling plaintiff to provide discovery. On April 14, 1987, another order was entered compelling discovery by April 24. Two days later, on April 16, plaintiff’s attorney moved to withdraw as counsel. An order permitting withdrawal was signed by the trial court on May 19. The record reflects nothing more until entry of an order of June 9, 1987, dismissing plaintiff’s complaint with prejudice for failure to comply with the February 23 order. Plaintiff's present counsel entered his appearance two days after the dismissal with prejudice.

On June 17, 1987, plaintiff’s new counsel filed a motion for reconsideration or, in the alternative, relief under Rule 1-060(B). The motion was denied on July 8. A similar motion was filed on July 23 and denied on August 13, 1987. Plaintiff appeals denial of these motions.

Plaintiff lists three issues on appeal:

1. The plaintiff’s omissions in complying with the court’s discovery orders were not willful or deliberate and were due to an inability to comply.
2. The court’s failure to reinstate and consider a lesser sanction than dismissal with prejudice was mere punishment resulting in a denial to plaintiff of due process of law.
3.The court abused its discretion in failing to grant plaintiff relief from the dismissal with prejudice pursuant to Rule 1-060(B).

Defendant argues that, because plaintiff is appealing from the denial of her Rule 1-060(B) motions and not from the order of dismissal, the first two issues are not properly before us. We determine, however, that propriety of the dismissal is integrally related to the question of whether the trial court abused its discretion in refusing to reopen the judgment. For this reason, we cannot avoid considering plaintiff’s first issue. We refine this issue as follows: whether there was evidence to support the trial court’s finding that plaintiff willfully failed to comply with the discovery order. We conclude that the evidence in the record fails to support this finding; we thus need not address the due process issue.

Although we recognize that our standard of review is whether the trial court abused its discretion in imposing sanctions for failure to obey a discovery order, Pittard v. Four Seasons Motor Inn, Inc., 101 N.M. 723, 688 P.2d 333 (Ct.App.1984), as well as when the trial court grants or denies a Rule 1-060(B) motion, United Salt Corp. v. McKee, 96 N.M. 65, 628 P.2d 310 (1981), the discretion we speak of is fact-based. This requires us to look at the facts relied on by the trial court as a basis for the exercise of its discretion, to determine if these facts are supported by substantial evidence. See Thornfield v. First State Bank of Rio Rancho, 103 N.M. 229, 704 P.2d 1105 (Ct.App.1983). “Where the judgment involves the sanctions provided by Rule 37(b)(2)(iii), ‘an appellate court’s review should be particularly scrupulous lest the district court too lightly resort to this extreme sanction, amounting to judgment against [a party] without an opportunity to be heard on the merits.’ ” United Nuclear Corp. v. General Atomic Co., 96 N.M. 155, 203, 629 P.2d 231, 279 (1980), appeal dismissed, cert. denied, 451 U.S. 901, 101 S.Ct. 1966, 68 L.Ed.2d 289 (1981), (quoting Emerick v. Fenick Indus., Inc., 539 F.2d 1379, 1381 (5th Cir.1976)). An abuse of discretion may be found only where the judge has acted arbitrarily or unreasonably under the particular circumstances. United, Salt Corp. v. McKee. Thus, if the facts essential to the trial court’s judgment are not established by substantial evidence in the record, we will necessarily find an abuse of discretion. Cf. Thornfield v. First State Bank of Rio Rancho. We may reverse the judgment below if, after considering the full record, we have a “ ‘definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.’ ” United Nuclear Corp. v. General Atomic Co., 96 N.M. at 203, 629 P.2d at 279 (quoting Wilson v. Volkswagen of Am., Inc., 561 F.2d 494, 506 (4th Cir.1977)). Having enunciated the standard of review, we now apply it to the facts of this appeal.

Whether Evidence Supports the Trial Court’s Finding that Plaintiff Willfully Failed to Comply with the Discovery Order

The severest of sanctions should be imposed only in extreme circumstances, United Nuclear Corp. v. General Atomic Co., 96 N.M. at 239, 629 P.2d at 315, and only upon a clear showing of willfulness or bad faith. Id. at 241, 629 P.2d at 317. Specific findings are prerequisites for imposition of discovery sanctions. Sandoval v. United Nuclear Corp., 105 N.M. 105, 729 P.2d 503 (Ct.App.1986). The trial court must find that a party’s failure to comply is willful, in bad faith, or due to his own fault. See id. See also Bishop v. Lloyd McKee Motors, Inc., 105 N.M. 399, 733 P.2d 368 (Ct.App.1987) (order dismissing complaint reversed because trial court did not make finding of willful noncompliance). Although wrongful intent is not required, willful failure implies conscious or intentional failure, as distinguished from accidental or involuntary noncompliance. United Nuclear Corp. v. General Atomic Co., 96 N.M. at 202, 629 P.2d at 278. A finding of willfulness may be based upon either a willful, intentional, and,bad faith attempt to conceal evidence or gross indifference to discovery obligations. Id. at 238, 629 P.2d at 314.

Here, the order of dismissal stated that “[pjlaintiff has willfully failed to comply with this Court’s Discovery Order entered February 23, 1987.” That earlier order applied only to medical and tax records. Plaintiff was ordered to produce all tax records or, in the alternative, provide defendant with an authorization to obtain tax records from the Internal Revenue Service (IRS). Defendant conceded at oral argument that the later discovery order, entered April 14, was not the basis for the eventual dismissal.

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Bluebook (online)
771 P.2d 192, 108 N.M. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-wal-mart-stores-inc-nmctapp-1989.