STATE v. COTTON BELT INS. CO.

No. 13722.

637 P.2d 834 (1981)

97 N.M. 152

STATE of New Mexico, Plaintiff-Appellee, v. COTTON BELT INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

December 9, 1981.


Attorney(s) appearing for the Case

Ken Cullen, Albuquerque, for defendant-appellant.

Michael F. McCormick, Dist. Atty., Thomas Rutledge, Asst. Dist. Atty., Carlsbad, Jeff Bingaman, Atty. Gen., Deborah Moll, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

FEDERICI, Justice.

The issues raised on this appeal are: (1) whether the doctrine of res judicata bars a second decision by this Court, and (2) if not, whether the trial court abused its discretion when it refused to permit the defendant-appellant (Cotton Belt) to present any evidence that it was entitled to a remittitur following the first appeal of this case. We find res judicata inapplicable under the facts of this case and conclude that the trial...

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