(DOWNLOAD) "Moffat V. Branch" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Moffat V. Branch
- Author : New Mexico Court of Appeals
- Release Date : January 30, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
¶1 In this action to recover attorney fees, the district court, after hearing, informed counsel by letter of its intent to grant Defendants' motions to dismiss the complaint for failure to state a claim upon which relief could be granted. Prior to judgment being entered on the motion to dismiss, Plaintiff filed an amended complaint raising additional claims. Plaintiff argues on appeal that (1) the allegations in both the original complaint and the amended complaint properly stated a cause of action for the recovery of attorney fees as against each Defendant and (2) the district court erred in not allowing him to amend his complaint. We affirm the dismissal of the original and amended complaints as against Defendant Elizabeth Vincoy. Because Plaintiff had a right to amend under Rule 1-015(A) NMRA 2002, we reverse and remand this matter for further proceedings with respect to the other defendants.