Narrative Opinion Summary
Jurisdictional issues were identified after oral arguments in this case, specifically regarding the proper court for the appeal. The relevant statute, Section 16-7-8, N.M.S.A. 1953 Comp. 1969 Supp., grants the Court of Appeals jurisdiction over civil actions involving tort claims, including products liability. The appeal arises from a dismissal of a complaint that seeks both declaratory judgment and injunctive relief against parts of a city ordinance, as well as damages for false arrest. Since the complaint was filed on February 11, 1969, and the jurisdictional statute became effective on March 1, 1966, the Court of Appeals has jurisdiction over the tort claims presented. Consequently, the case is ordered to be transferred to the Court of Appeals for review. Justices Tackett, Watson, and Sisk concur in this decision.
Legal Issues Addressed
Jurisdiction of the Court of Appealssubscribe to see similar legal issues
Application: The Court of Appeals has jurisdiction over civil actions involving tort claims, which includes the present case's claims of products liability and false arrest.
Reasoning: The relevant statute, Section 16-7-8, N.M.S.A. 1953 Comp. 1969 Supp., grants the Court of Appeals jurisdiction over civil actions involving tort claims, including products liability.
Transfer of Case for Jurisdictional Reviewsubscribe to see similar legal issues
Application: Due to the jurisdictional authority of the Court of Appeals over the tort claims in question, the case is transferred from the current court to the Court of Appeals for proper review.
Reasoning: Consequently, the case is ordered to be transferred to the Court of Appeals for review.