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SUNDANCE MECHANICAL & UTILITY v. ATLAS

No. 18077.

789 P.2d 1250 (1990)

109 N.M. 683

SUNDANCE MECHANICAL & UTILITY CORPORATION, a New Mexico corporation, Plaintiff, v. Marvin F. ATLAS, and Carole J. Atlas, husband and wife, et al., Defendants-Appellants, v. Eric MENTER, d/b/a Creative Carpentry, Defendant-Appellee.

Supreme Court of New Mexico.

April 2, 1990.

Attorney(s) appearing for the Case

Threet & King, Martin E. Threet, Robert G. Kavanagh, Albuquerque, for defendants-appellants.

Toulouse & Associates, P.A., Charlotte M. Toulouse, Phillip Baca, Albuquerque, for defendant-appellee.

OPINION

MONTGOMERY, Justice.

This little case raises large issues concerning the jurisdiction of our courts, the relationship between jurisdiction and a complaint's failure to state a claim upon which relief can be granted, and the power of a district court to enter a default judgment when the complaint fails to state a cause of action. The principal specific question for decision is whether the trial court could properly reinstate a default judgment against...

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