AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

A mother experienced complications after giving birth in Roswell, New Mexico, with the assistance of the Defendant, a doctor, which ultimately led to her death. The Plaintiff, a bank acting as conservator of the child’s estate and personal representative of the mother’s estate, filed a wrongful death claim against the Defendant in Bernalillo County, asserting that the bank’s principal place of business was located there (paras 2-3).

Procedural History

• District Court, Bernalillo County: Dismissed the Plaintiff’s complaint without prejudice for improper venue, finding that venue was proper only in Chaves County, where the Defendant resided and the events occurred (para 3).

Parties' Submissions

• Plaintiff: Argued that venue in Bernalillo County was proper because the Plaintiff, a national banking association, had its principal place of business in Bernalillo County and conducted banking activities exclusively in Bernalillo and Sandoval Counties (para 3).
• Defendant: Contended that the Plaintiff was not a resident of Bernalillo County or New Mexico and that venue was proper only in Chaves County under the New Mexico venue statute, as the Defendant resided there and the events giving rise to the claim occurred there (para 3).

Legal Issues

• Was the dismissal of the complaint without prejudice for improper venue a final, appealable order?
• Is a national banking association with its principal place of business in New Mexico considered a resident of the state and county for purposes of venue under the New Mexico venue statute?

Disposition

• The Supreme Court of New Mexico reversed the district court’s dismissal and remanded the case for further proceedings in Bernalillo County (para 17).

Reasons

Per Minzner J. (Franchini C.J., Baca J., and Serna J. concurring):

• The Court determined that the dismissal without prejudice for improper venue was a final, appealable order because it disposed of the matter to the fullest extent possible in the court where the action was filed and did not authorize or specify a time for refiling in Bernalillo County (paras 4-9).
• The Court interpreted the New Mexico venue statute, NMSA 1978, § 38-3-1(A), which allows transitory actions to be brought in the county where either the plaintiff or defendant resides. It found that the Plaintiff, as a national banking association with its principal place of business in Bernalillo County, qualified as a resident of that county for venue purposes (paras 10-16).
• The Court rejected the Defendant’s argument that the Plaintiff was a foreign corporation, noting that national banking associations are not considered foreign corporations under New Mexico law and are treated as residents of the state and county where their principal place of business is located (paras 12-16).
• The Court emphasized that the Legislature’s intent, as reflected in related banking statutes and federal law, supports treating national banking associations with their principal place of business in New Mexico as residents for venue purposes (paras 14-16).