McCaffery v. Steward Construction Co.

678 P.2d 226, 101 N.M. 51
CourtNew Mexico Court of Appeals
DecidedFebruary 14, 1984
Docket7344
StatusPublished
Cited by6 cases

This text of 678 P.2d 226 (McCaffery v. Steward Construction Co.) 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
McCaffery v. Steward Construction Co., 678 P.2d 226, 101 N.M. 51 (N.M. Ct. App. 1984).

Opinion

OPINION

DONNELLY, Chief Judge.

Plaintiff appeals from a judgment entered after trial on the merits denying his claims for workmen’s compensation benefits. We discuss two issues: (1) claim of error in denying opportunity to file requested findings of fact and conclusions of law; and (2) whether the trial court adopted adequate findings of fact and conclusions of law. We affirm.

Facts

On December 17, 1980, plaintiff, a carpenter, filed a complaint in the Bernalillo County District Court seeking workmen’s compensation benefits for injuries allegedly sustained on December 11, 1978, while he was employed by Steward Construction Company in Albuquerque.

Trial on the merits was held more than three years later on January 10, 1983 before District Judge Baiamonte. At the time of trial, Dr. Irvine G. Jordan, an orthopedic surgeon, who had been subpoenaed to appear at trial by the defendant, was unavailable to testify. The trial judge ordered that the trial be bifurcated and that Dr. Jordan’s testimony be taken by deposition and that the deposition be filed with the court for consideration as part of the trial herein. Dr. Jordan’s deposition was taken on January 28, 1983, and filed with the district court on February 1, 1983.

Following the taking of the deposition of Dr. Jordan, counsel for the parties, with the approval of the trial court, filed briefs in lieu of presenting closing arguments to the court. Plaintiff delayed in submitting his brief to the trial court until approximately May 4, 1983. Defendant then submitted a responsive brief with the trial court on June 3, 1983.

Plaintiff’s attorney, in a letter of transmittal to Judge Baiamonte dated May 4, 1983, forwarded plaintiff’s closing argument brief and stated to the trial court in part:

I will await [defense counsel’s] brief and your decision before submitting Findings and Conclusions as well as a Memo and Affidavit on Fees. If you have some other wishes as to procedure, please let me know. [Emphasis added.]

Judge Baiamonte, within a few days following receipt of the briefs submitted by counsel, issued a written letter decision dated June 30, 1983. The letter from the judge succinctly stated in part:

After reviewing your briefs as well as my notes from the trial regarding the above matter, the Court makes the following Findings:
1. That plaintiff received an accidental injury on December 4, 1978, arising out of and in the course of his employment with defendant, Steward Construction Co.
2. That at the time of his injury, plaintiff was entitled to compensation at the rate of $120.00 per week based on his income at that time.
3. That the plaintiff was temporarily and totally disabled from the period of December 4, 1979 through November 25, 1980 and entitled to a total sum during such period of $12,480.00 which sum has been paid by defendants.
4. That plaintiff is entitled to receive medical expenses incurred as a direct result of the accidental injury described herein and that such expenses have been paid by the defendant.
5. That plaintiff is not entitled to any compensation since November 25, 1980.
6. That'the defendant has paid all of those sum benefits required under the workmen’s compensation laws of New Mexico so that plaintiff is not entitled to an award of attorney’s fees herein.

The letter decision of Judge Baiamonte also directed counsel for the plaintiff and defendant to prepare the necessary order and submit it to his successor judge for execution. Thereafter, Judge Baiamonte resigned as district judge. The letter decision of Judge Baiamonte was filed in the district court file on July 6, 1983.

Defendant’s attorney prepared a proposed final judgment in accordance with Judge Baiamonte’s letter decision of June 30,1983. The proposed final judgment was transmitted by letter dated July 6, 1983, addressed to Judge Sitterly, indicating that a copy of the proposed judgment was being sent to plaintiff’s attorney. Defendant’s attorney indicated in his letter to Judge Sitterly that he advised plaintiff’s attorney that if plaintiff had any objections to the form of the proposed judgment, that either the trial court or defense counsel should be notified by July 15, 1983; otherwise, the proposed judgment would be entered.

Plaintiff’s attorney did not notify either the trial court or defense counsel of any objections to the proposed judgment. Some time thereafter, plaintiff’s attorney was appointed a district judge in the Eleventh Judicial District. On July 15, 1983, Judge Sitterly signed a final judgment dismissing plaintiff's complaint with prejudice, based upon the findings enumerated in the letter decision of Judge Baiamonte. Plaintiff obtained other counsel and timely filed his appeal herein.

I. Request for Findings and Conclusions

Plaintiff asserts that he made a general request to be allowed to file requested findings of fact and conclusions of law prior to entry of final judgment herein and that he was denied that opportunity. Specifically, plaintiff argues that his letter addressed to the trial court, dated May 4, 1983, and his Closing Argument Brief constituted a “general request” to file findings and conclusions.

Defendant argues that plaintiff was accorded a reasonable opportunity to submit requested findings of fact and conclusions of law and that he waived the filing of specific findings and conclusions by (1) failing to make a proper demand therefor and (2) his failure to timely submit requested findings and conclusions to the court.

NMSA 1978, Civ.P.R. 52(B) (Repl.Pamp. 1980) directs that upon “the trial of any case by the court without a jury, its decision, which shall consist of its findings of fact and conclusions of law, must be given in writing and filed with the clerk in the cause.” The Rule further provides in subsection (B)(1)(f), that “[a] party will waive specific findings of fact and conclusions of law if he fails to make a general request therefor in writing, or if he fails to tender specific findings and conclusions.”

Rule 52(B) as adopted in New Mexico differs from Rule 52 of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 52; State v. Hardy, 78 N.M. 374, 431 P.2d 752 (1967); State v. Fernandez, 56 N.M. 689, 248 P.2d 679 (1952). The language of Rule 52(B)(1)(f) is unique to New Mexico and is not included in Rule 52 of the Federal Rules.

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Bluebook (online)
678 P.2d 226, 101 N.M. 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccaffery-v-steward-construction-co-nmctapp-1984.