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FINANCIAL INDEM. CO. v. CORDOBA

No. 30,417.

271 P.3d 768 (2011)

2012-NMCA-016

FINANCIAL INDEMNITY COMPANY, Plaintiff-Appellee, v. Leo CORDOBA, Defendant-Appellant.

Court of Appeals of New Mexico.

December 20, 2011.

Attorney(s) appearing for the Case

Miller Stratvert P.A., Charlotte Lamont , Matthew S. Rappapport , Albuquerque, NM, for Appellee.

Kenneth G. Egan , Las Cruces, NM, L. Helen Bennett , Albuquerque, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} In this workers' compensation case, Defendant Leo Cordoba appeals the district court's dismissal of his counterclaim against Plaintiff Financial Indemnity Company (FIC) and denial of his motion for reconsideration or, in the alternative, for leave to amend the counterclaim. We hold that the district court misconstrued and misapplied Rules 11-408 and 1-012(B)(6) NMRA. Rule 11-408 is not designed or intended to preclude...

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