H-B-S PARTNERSHIP v. AHS

No. 26,601.

176 P.3d 1136 (2007)

2008-NMCA-013

H-B-S PARTNERSHIP, a New Mexico general partnership; Arnold Horwitch; Burton Horwitch; Elliott Horwitch; and Stuart C. Sherman, Plaintiffs-Appellees, v. AIRCOA HOSPITALITY SERVICES, INC., a Delaware corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

November 26, 2007.


Attorney(s) appearing for the Case

Eaves & Mendenhall, P.A., John M. Eaves, Karen S. Mendenhall, Albuquerque, NM, for Appellees.

Keleher & McLeod, PA., Spencer Reid, Thomas C. Bird, Albuquerque, NM, for Appellant.


OPINION

WECHSLER, Judge.

{1} In this appeal, we resolve a conflict between the Rules of Civil Procedure and local district court rules pertaining to the time for filing a cost bill in favor of the Rules of Civil Procedure. We also address the district court's discretion under Rule 1-001 NMRA. We conclude that the district court had the discretion to award costs that were requested one day after the time limit of the Rules of Civil Procedure but within the...

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