LOWE v. BLOOM

No. 19247.

813 P.2d 480 (1991)

112 N.M. 203

ELWOOD L. LOWE, Plaintiff-Appellant, v. Norman D. BLOOM, Jr., George E. Fettinger and Fettinger & Bloom, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 17, 1991.


Attorney(s) appearing for the Case

Anthony F. Avallone, Thomas R. Figart, Las Cruces, for plaintiff-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Clifford K. Atkinson, Albuquerque, for defendants-appellees.


OPINION

FRANCHINI, Justice.

This case involves an appeal from the district court's imposition of sanctions under SCRA 1986, 1-011 (Rule 11). We conclude the trial court abused its discretion in finding a willful violation of Rule 11 and reverse.

Defendants Bloom and Fettinger represented plaintiff Lowe in a civil suit in 1984. The action resulted in a judgment against Lowe. Several months later, defendants initiated a suit against Lowe seeking payment...

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