BUILDERS CONTRACT INTERIORS, INC. v. HI-LO

No. 24,618.

134 P.3d 795 (2006)

139 N.M. 508

2006-NMCA-053

BUILDERS CONTRACT INTERIORS, INC., Plaintiff-Counterdefendant/Appellee, v. HI-LO INDUSTRIES, INC., Defendant-Counterclaimant/Appellant, and Hi-Lo Industries, Inc., Third-party Plaintiff/Appellant, v. Robert L. Novis, Third-party Defendant/Appellee.

Court of Appeals of New Mexico.

March 16, 2006.


Attorney(s) appearing for the Case

Lastrapes, Spangler & Pacheco, PA, Matthew M. Spangler, Rio Rancho, NM, for Appellant.

Peter Everett IV, Albuquerque, NM, for Appellee.


OPINION

WECHSLER, Judge.

{1} In this appeal, we consider whether mere negligence in failing to perform a settlement agreement constitutes a basis in equity to set aside a judgment based on the settlement agreement itself. The conflict here arises in the context of a settlement agreement between Plaintiff Builders Contract Interiors, Inc., its president Third-party Defendant Robert L. Novis (together BCI), and Defendant Hi-Lo Industries, Inc. (Hi-Lo), requiring...

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