Standard of Review Motion for Summary Judgment New Mexico
The standard of review for a motion for summary judgment is whether there are any genuine issues of material fact and whether the moving party is entitled to summary judgment as a matter of law. Williams v. Cent. Consol. Sch. Dist., 1998 NMCA 6, P7, 124 N.M. 488, 952 P.2d 978; see Rule 1-056(C) NMRA 2001.
We consider the facts in the light most favorable to the party opposing summary judgment. See Gillin v. Carrows Rest., Inc., 118 N.M. 120, 122, 879 P.2d 121, 123 (Ct. App. 1994).
If, however, the facts are not in dispute, and only a legal interpretation of the facts remains, summary judgment is appropriate. See Garrity v. Overland Sheepskin Co., 1996 NMSC 32, 121 N.M. 710, 718, 917 P.2d 1382, 1390 (1996).