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ALBUQUERQUE REDI-MIX v. SCOTTSDALE INS. CO.

No. 30,142.

168 P.3d 99 (2007)

2007-NMSC-051

ALBUQUERQUE REDI-MIX, INC., Third-party-Plaintiff-Petitioner, v. SCOTTSDALE INSURANCE COMPANY, Third-party-Defendant-Respondent.

Supreme Court of New Mexico.

August 28, 2007.

Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, NM, Steven J. Vogel, Albuquerque, NM, L. Helen Bennett, P.C., L. Helen Bennett, Albuquerque, NM, for Petitioner.

Beall & Biehler, P.A., Gregory L. Biehler, Albuquerque, NM, for Respondent.

OPINION

SERNA, Justice.

{1} This case requires us to determine whether a Rule 1-059(E) NMRA motion to alter or amend a judgment is subject to the automatic denial provision of NMSA 1978, Section 39-1-1 (1917). The Court of Appeals, in a memorandum opinion, decided that Rule 1-059(E) is subject to automatic denial because both Section 39-1-1 and Rule 1-059(D) NMRA 2006 (prior to August 21, 2006, amendment) provide for automatic denial thirty...

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