[Download] "Cole v. Mcneill" by New Mexico Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: Cole v. Mcneill
• Author : New Mexico Court of Appeals
• Release Date : January 29, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

Plaintiffs, as employees of the Los Lunas Hospital and Training School, sued to compel payment of exemplary performance awards. The complaint, filed on February 7, 1984, alleges that each plaintiff was recommended to receive an exemplary performance award, that funds were appropriated to pay the awards and that defendant McNeill refused to permit payment of the awards, contrary to law. Before the time for answer had expired, and thus before defendants were in default, plaintiffs filed an amended complaint. The record does not show that the amended complaint was served on defendants. See NMSA 1978, Civ.P.R. 5(a) (Repl. Pamp.1980). No timely answer was filed to the complaint. The district court entered a judgment by default on liability on March 20, 1984. The judgment reserves ruling on its face on the issues of damages, interest on the awards, and reasonable attorney fees, and provides that the issues are to be determined "at a hearing upon notice to each Defendant." The record indicates that the hearing has not taken place and that there has been no damage determination by the district court.

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