(Download) "Mcfarland v. Helquist" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free

August 21, 2021

eBook details

Title: Mcfarland v. Helquist
Author : New Mexico Court of Appeals
Release Date : January 06, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

McFarland correctly states the proper standard for granting summary judgment: The moving party must show that there is no genuine issue as to any material fact. Once the movant has made a prima facie showing that he is entitled to summary judgment, the opposing party has the burden of demonstrating the existence of a genuine factual issue. Goodman v. Brock, 83 N.M. 789, 498 P.2d 676 (1972). Summary judgment is a drastic remedy, and it should be used only with great caution and should not be resorted to as a substitute for trial of the issues. Pharmaseal Laboratories, Inc. v. Goffe, 90 N.M. 753, 568 P.2d 589 (1977).