Supreme Court of New Mexico
Decision Information
In re Miller - cited by 54 documents
Lemon v. Employment Sec. Comm'n - cited by 14 documents
Moss v. B & H Co., Inc. - cited by 4 documents
Decision Content
B & H CO. V. MOSS, 1976-NMSC-057, 89
N.M. 549, 555 P.2d 372 (S. Ct. 1976)
CASE HISTORY ALERT: see ¶1 - affects
1976-NMCA-075
B & H COMPANY, INC., a New Mexico
Corporation, Petitioner,
vs.
Coy K. MOSS, Respondent.
No. 11092
SUPREME COURT OF NEW MEXICO
1976-NMSC-057, 89 N.M. 549, 555 P.2d 372
September 22, 1976
Motion for Rehearing Denied October 15, 1976
COUNSEL
Civerolo, Hansen & Wolf, William P. Gralow, Albuquerque, for petitioner.
David Pearlman, Albuquerque, for respondent.
JUDGES
McMANUS, J., wrote the opinion. OMAN, C.J., and MONTOYA, SOSA and EASLEY, JJ., concur.
OPINION
McMANUS, Justice.
{1} The decision of the Court of Appeals recalling the original mandate of July 29, 1976, and issuing an amended mandate on August 9, 1976, 89 N.M. 558, 555 P.2d 381, to include an award of costs to appellant is reversed. The cost bill was not submitted until after the mandate had been issued and therefore the Court of Appeals lost jurisdiction over the case. See In the Matter of the Protest of Miller, 89 N.M. 547, 555 P.2d 142 (1976).
{2} IT IS SO ORDERED.
OMAN, C.J., and MONTOYA, SOSA and EASLEY, JJ., concur.