Voisen v. Kantor
Citation | 81 N.M. 560,469 P.2d 709,1970 NMSC 78 |
Decision Date | 25 May 1970 |
Docket Number | No. 8800,8800 |
Parties | Robert VOISEN, Defendant, Third-Party Plaintiff-Appellee, v. Albert KANTOR, d/b/a National Car Wash Systems, Third-Party Defendant and Fourth-Party Plaintiff-Appellant, v. George KORAN, d/b/a Koran Construction Company, Fourth-Party Defendant-Appellee. |
Court | Supreme Court of New Mexico |
From the record it appears that this action involves multiple claims within the scope of Rules 54(b) (§ 21--1--1(54)(b), N.M.S.A.1953). In 1967, a judgment predicated upon findings and conclusions was granted to third-party plaintiff Robert Voisen, the appellee, against third-party defendant National Car Wash Systems, the appellant, who failed to appear at the time set for trial. Threafter, in 1967, a Supplemental Order and Judgment was granted the appellee, reducing the judgment to $34,750. Next, the appellant moved to vacate and set aside the judgment, which was denied by Order of the court. The appellant now appeals the Order denying the motion to vacate and set aside the judgment. The appellee did not file a brief.
The pertinent portion of our Rule 5(2) (§ 21--2--1(5)(2), N.M.S.A.1953) allows an appeal 'from all final orders affecting a substantial right made after the entry of final judgment.' Rule 54(b), supra, at the material times, provided:
(Emphasis added.)
We have searched the record and fail to find the express determination and direction that must be made by the trial judge under Rule 54(b), supra, in order for the judgment or the supplemental order and judgment to qualify as a final judgment. Aetna Casualty & Surety Co. v. Miles, 80 N.M. 237, 453 P.2d 757 (1969); Chronister v. State Farm Mutual...
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