Rodriguez v. Conant

737 P.2d 527, 105 N.M. 746
CourtNew Mexico Supreme Court
DecidedMay 7, 1987
Docket16203
StatusPublished
Cited by38 cases

This text of 737 P.2d 527 (Rodriguez v. Conant) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Conant, 737 P.2d 527, 105 N.M. 746 (N.M. 1987).

Opinions

OPINION

STOWERS, Justice.

We granted Respondent Georgianne Conant’s request for rehearing in this matter. The opinion filed on December 31, 1986 is withdrawn and the following substituted therefor.

Defendant Abran Rodriguez, d/b/a Abe Rodriguez and Associates (defendant), moved the district court to set aside default judgments entered against him in favor of plaintiff Georgianne Conant (plaintiff) and cross-claimant and co-defendant Catherine Katona (Katona). The district court granted the motion, and plaintiff and Katona appealed. The Court of Appeals reversed and ordered the reinstatement of the default judgments, holding that the district court had abused its discretion by setting aside the judgments without sufficient grounds for relief under SCRA 1986, Rule 1-060(B) (formerly codified at NMSA 1978, Civ.P.R. 60(b) (Repl.Pamp.1980)). This Court granted defendant’s petition for a writ of certiorari, and we now reverse the Court of Appeals’ decision, affirm the district court’s order, and remand to the district court for trial on the merits.

This case presents the following issues for our determination:

(1) Was the district court as a matter of law compelled to vacate these default judgments because defendant was not notified of the hearing held on damages?

(2) If its order was not compelled as a matter of law, did the district court abuse its discretion under Rule 1-060(B) by setting aside the default judgments in the circumstances of this case?

We hold, first, that the district court was not required by SCRA 1986, Rule 1-055(B) (formerly codified at NMSA 1978, Civ.P.R. 55(b) (Repl.Pamp.1980)), or by due process of law to set aside for lack of notice default judgments entered against a defendant who failed to appear in the action after being personally served with process. We do not reach, the Rule 1-060(B)(1) ground relied upon by the Court of Appeals but hold, second, that the district court’s exercise of discretion was supported, in the circumstances of this case, by “any other reason justifying relief” under Rule 1-060(B)(6) and meritorious defenses presents ed in defendant’s motion.

In 1979, plaintiff initiated this suit against her former employer, Katona, alleging that Katona had terminated her employment and had published defamatory statements accusing plaintiff of stealing money from the shop where she worked and of failing a polygraph examination regarding the theft. Katona in fact had retained defendant’s business to conduct polygraph examinations of several employees, and plaintiff had been examined once by Leo Gurule and once by defendant. Following an April 1981 discovery deposition of defendant, plaintiff sought and obtained leave of the court to file an amended complaint naming Gurule and defendant as additional defendants.

The record indicates that defendant was personally served with a summons and a copy of the amended complaint on November 1, 1981. He made no appearance, answer, or other pleading in response to that summons. Upon plaintiff’s motion, without further notice to defendant, the district court on January 4, 1982, entered a partial default judgment of liability against him. The record also indicates that defendant was personally served with a summons and a copy of Katona’s cross-complaint on January 23, 1982. He entered no appearance and, on May 17, 1982, without further notice to him, the district court entered another partial default judgment of liability.

Damages were not assessed in these partial default judgments, but on April 20, 1983, without notice to defendant, a hearing was held on the issue of damages. In the interim, on August 24, 1982, plaintiff and Ratona had settled their claims for the sum of $1,900. On May 4, 1983, the district court entered a default judgment awarding plaintiff $5,000 in compensatory damages and $50,000 in punitive damages as prayed for in her complaint.

Defendant filed a motion to set aside the default judgments on August 25, 1983. In it, he alleged that he had no knowledge that he was a party to the suit between plaintiff and Ratona until he was subpoenaed in aid of execution on August 12, 1983. Although he admitted finding the summons and amended complaint, but not the summons and cross-complaint, in his Albuquerque office files, defendant asserted that he could not recall being personally served with either summons. Had he been aware of the claims against him, he further asserted, he would have contacted counsel, responded to the court’s process, and defended himself.

Defendant’s motion was set for hearing five times, and each setting was vacated. Ultimately, the district court determined the matter on affidavits. On July 13,1984, it entered an order granting the motion and setting aside the default judgments, from which plaintiff and Ratona timely appealed.

The Court of Appeals held that defendant had not “appeared” within the meaning of Rule 1-055(B) and, therefore, that he was not entitled to notice of any application for default judgment or any hearing on damages. Under these circumstances, it held that defendant had not demonstrated “mistake, inadvertence, surprise, or excusable neglect” that would support the district court’s decision under Rule 1-060(B)(1). The Court of Appeals further held that defendant had not offered any justification for setting aside the default judgments other than excusable neglect; therefore, he had not demonstrated “any other reason justifying relief” that would support the district court’s decision under Rule 1-060(B)(6). The Court of Appeals concluded that the district court had abused its discretion by setting aside the default judgments.

I. Notice Requirements.

This Court has held that where notice of a motion for default judgment is required by Rule 1-055(B) but is not given, the default judgment entered must be set aside as a matter of law. Mayfield v. Sparton Southwest, Inc., 81 N.M. 681, 683, 472 P.2d 646, 648 (1970); Board of County Comm’rs v. Boyd, 70 N.M. 254, 258, 372 P.2d 828, 830 (1962). By its terms, Rule 1-055(B) requires written notice to the party against whom default judgment is sought only if that party “has appeared in the action.” SCRA 1986, 1-055(B); see Mayfield v. Sparton Southwest, Inc., 81 N.M. at 682, 472 P.2d at 647; see also Marberry Sales, Inc. v. Falls, 92 N.M. 578, 581, 592 P.2d 178, 181 (1979) (dicta).

Defendant’s attendance at a deposition nearly eight months before he was served with a summons and a copy of the amended complaint cannot be considered an “appearance,” even under our liberal Rule 1-055(B) construction of that term, because it could not possibly have indicated either knowledge of the suit against him or an intention to meet his obligations as a party. See Mayfield v. Sparton Southwest, Inc., 81 N.M. at 682-83, 472 P.2d at 647-48; see also Gengler v. Phelps, 89 N.M. 793, 798-99, 558 P.2d 62, 67-68 (Ct.App.1976) (Sutin, J., specially concurring). Therefore, defendant wa's not entitled to notice of the applications for default judgments against him.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

First Alamogordo Bancorp v. Williams
New Mexico Court of Appeals, 2024
Simpson v. Harris
New Mexico Court of Appeals, 2023
State ex rel. Off. State Eng'r v. Rosette
New Mexico Court of Appeals, 2023
McGill v. Bassett
New Mexico Court of Appeals, 2023
Deutsche Bank Nat'l Tr. Co. v. Valerio
2021 NMCA 035 (New Mexico Court of Appeals, 2021)
Nauman v. Mather
New Mexico Court of Appeals, 2019
Marquez v. Larrabee
2016 NMCA 087 (New Mexico Court of Appeals, 2016)
One West Bank, FSB v. Romero
New Mexico Court of Appeals, 2016
OneWest Bank FSB v. Romero
New Mexico Court of Appeals, 2016
Couch v. Williams
2016 NMCA 014 (New Mexico Court of Appeals, 2015)
State ex rel. Att'y Gen. v. Grand River Enters. Six Nations, Ltd.
2014 NMCA 73 (New Mexico Court of Appeals, 2014)
Niec v. Clark
New Mexico Court of Appeals, 2013
Flagstar Bank v. Giles
New Mexico Court of Appeals, 2012
Vanderbilt Mortgage v. Abercrombie
New Mexico Court of Appeals, 2012
Baca v. Baca
New Mexico Court of Appeals, 2010
Yazzie v. Chava
New Mexico Court of Appeals, 2009
Kinder Morgan CO2 Co. v. State Taxation & Revenue Department
2009 NMCA 019 (New Mexico Court of Appeals, 2008)
Applied Capital, Inc. v. Gibson
558 F. Supp. 2d 1189 (D. New Mexico, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
737 P.2d 527, 105 N.M. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-conant-nm-1987.