NANCE v. L.J. DOLLOFF ASSOCIATES, INC.

No. 24,979.

126 P.3d 1215 (2005)

2006-NMCA-012

Steven NANCE, individually and as Assignee of Fighting Back Action Training Institute, Inc. and of Simon Heffron, Plaintiff-Appellant, v. L.J. DOLLOFF ASSOCIATES, INC., a foreign corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

December 6, 2005.


Attorney(s) appearing for the Case

Carter Law Firm, P.C., L. Edward Glass, David G. Reynolds, Albuquerque, for Appellant.

Dolan & Domenici, P.C., Peter V. Domenici, Jr., Jeanne Cameron Washburn, Albuquerque, Jampol, Zimet & Wilcox, LLP, Alan R. Jampol, Los Angeles, CA, for Appellee.


OPINION

FRY, J.

{1} In this case, we decide which statute of limitations applies to the causes of action in Plaintiff's complaint. Defendant sought summary judgment on the basis of the four-year statute of limitations applicable to unwritten contracts and all other actions not specifically provided for by statute, NMSA 1978, § 37-1-4 (1880), while Plaintiff argued that his claims were founded on a written...

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