QUALITY AUTOMOTIVE CENTER, LLC v. ARRIETA

No. 33,659.

309 P.3d 80 (2013)

2013-NMSC-041

QUALITY AUTOMOTIVE CENTER, LLC, Petitioner, v. Hon. Manuel I. ARRIETA, Respondent, and Eugene Ramos, on behalf of The Estate of Priscilla Ramos as Next Friend of Andreu Ramos, Ryan Ramos and Mercedes Ramos, minor children, Pricilla Lou Cepeda, on behalf of The Estate of Ramon Gonzalez III, Deceased, and Pricilla Lou Cepeda, individually, Real Parties in Interest.

Supreme Court of New Mexico.

August 29, 2013.


Attorney(s) appearing for the Case

Carrillo Law Firm, P.C., Raúl A. Carrillo, Jr. , Steven L. Lovett , Las Cruces, NM, for Petitioner.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Respondent.

Cervantes Law Firm, P.C., K. Joseph Cervantes , Las Cruces, NM, Scherr & Legate, P.L.L.C., Maxey M. Scherr , El Paso, TX, for Real Party in Interest Eugene Ramos.


OPINION

VIGIL, Justice.

I. INTRODUCTION

{1} The narrow question in this case, presented to the Court by petition for writ of mandamus, is whether a district court judge has the authority to determine whether one of the named parties to a case pending before him is entitled to exercise an independent peremptory excusal filed against him. We answer this question affirmatively and hold that under Rule 1-088.1 NMRA, which provides the...

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