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Whether Appeal Would Succeed Is An Issue Of Fact I n Andrews v. Saylor, 2003-N.M.C.A.-132, P.3d (2003) 2003 WL 22811054, the New Mexico appellate court held that the trial judge erred in deciding whether the appeal in the underlying case would have succeeded as a matter of law, since causation is an issue of fact. The appellate court held the issues of whether an appeal would have succeeded presented an issue of fact. This could be accomplished by expert witnesses assisting the jury. The new Mexico court did not reference case law in other states to the contrary. Main Bucklin Attorney Legal Ethics and Seminar Education Site Map |
