Carpenter v. Merrett
| Decision Date | 07 December 1970 |
| Docket Number | INC,KIMBROUGH-CARPENTE,No. 8981,8981 |
| Citation | 82 N.M. 185,477 P.2d 819,1970 NMSC 148 |
| Parties | James O. CARPENTER, d/b/a James O. Carpenter, Painting Contractor, Plaintiff-Appellee, v. John H. MERRETT, Edith M. Merrett, his wife, First National Bank In Albuquerque and First National City Bank, Defendants-Appellants and Cross- Appellees, v.and Orrion Perry, d/b/a Gas Appliance Service Company, Cross-Claimants-Appellees, Blueher Lumber Company, Inc. and Dar Tile Company, Cross-Claimants-Appellees and Cross-Appellants. |
| Court | New Mexico Supreme Court |
This is one case in a series which resulted from the bankruptcy of Mock Homes, Inc., general contractor, after the sale of the residence property and before the time for filing labor and materialmen's liens had expired. See Brito v. Carpenter, 81 N.M. 716, 472 P.2d 979 (1970). The trial of this case, No. A--23377 below, was on the issues raised by the complaints and cross-complaints and involved the validity and priority of the parties' interests in Lot 31, Block 7 of Desert Terrace, Unit No. 2. Appellants here are the home owners and the mortgage holders; appellees are the lien claimants.
On his complaint, appellee James O. Carpenter received a separate judgment entered on April 29, 1969, which provided that his lien be foreclosed against appellant's interests and 'be coequal in priority to that of any other mechanic's lien claimant whose claim may hereafter be adjudicated as valid and subsisting by the court in this cause.' Notice of Appeal was filed on May 28, 1969. Except for Orrion Perry d/b/a Gas Appliance Service Company, the other appellees received separate judgments on their cross-claims. Kimbrough-Carpenter, Inc.'s judgment is dated May 7, 1969; Notice of Appeal was filed June 6, 1969. Blueher Lumber Company and Dar Tile Company received separate judgments on September 23, 1969, to which separate Notices of Appeal were filed on October 6, 1969. Although a Notice of Appeal was filed on August 25, 1969, as to Orrion Perry, no judgment appears to have been entered with respect to his interest.
Our Rule 54(b) (§ 21--1--1(54)(b), N.M.S.A., 1953 Comp.) reads as follows:
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Principal Mut. Life Ins. Co. v. Straus
...judgment on liability was not final because it reserved ruling on the issue of damages for future hearing); see Carpenter v. Merrett, 82 N.M. 185, 186, 477 P.2d 819, 820 (1970) (stating that when further action of the court is necessary to complete the relief contemplated, the judgment is i......
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Ortega v. Transamerica Ins. Co., 2877
...that there is no just reason for delay" if a final judgment is to be entered as to fewer than all of the claims. Carpenter v. Merrett, 82 N.M. 185, 477 P.2d 819 (1970); Mock Homes, Inc. v. Wakely, 82 N.M. 179, 477 P.2d 813 (1970); Voisen v. Kantor, 81 N.M. 560, 469 P.2d 709 (1970); Chronist......
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Leal v. Leal
...outstanding. Although the jurisdictional question was not raised by any party, we must raise it on our own motion. Carpenter v. Merrett, 82 N.M. 185, 477 P.2d 819 (decided December 7, 1970); Voisen v. Kantor, 81 N.M. 560, 469 P.2d 709 (1970); Aetna Casualty & Surety Co. v. Miles, 80 N.M. 23......
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Fitzgerald v. Blueher Lumber Co.
...to the time for filing labor and materialmen's liens had expired. See Brito v. Carpenter, 81 N.M. 716, 472 P.2d 979; Carpenter v. Merrett, 82 N.M. 185, 477 P.2d 819 (Decided December 7, 1970); and Daughtrey v. Carpenter, 82 N.M. 173, 477 P.2d 807 (Decided December 14, This action was filed ......