Cooper v. Amerada Hess Corp.9/15/2000
istencies between the 1967 amendments to corporation law and the general venue statute. Moreover, even if we were to attempt to put ourselves into the shoes of the 1967 Legislature, we would find ourselves facing not one, but several equally plausible alternative methods of coordinating the 1967 amendments of corporation law with the venue statute. Because venue has been regulated by statute, rather than by the common law, for over a century, we believe it was, and is, the Legislature's prerogative to harmonize the general venue statute with the 1967 changes in corporation law.
Construing Subsection 38-3-1(F) consistent with what we have determined to be the original legislative intent, see Hamby v. Gonzales, 105 N.M. 778, 780, 737 P.2d 559, 560 (Ct. App. 1987), we hold that a foreign corporation must appoint a domestic corporation or an individual actually residing in New Mexico in order to receive the benefit of the special venue provisions of Section 38-3-1(F). We therefore reject Plaintiffs' argument that the statutory agents of Defendants Amerada, Chevron, Dynegy, Concho, Arch and Rice reside in Santa Fe County within the meaning of Section 38-3-1(F). However, because these non-resident Defendants have failed to appoint a statutory agent who resides in New Mexico, they remain subject to suit in any county in New Mexico, including Santa Fe County.
4. DOES VENUE AS TO ONE DEFENDANT DETERMINE VENUE AS TO ALL?
Citing Teaver v. Miller, 53 N.M. 345, 208 P.2d 156 (1949) and Hamby, 105 N.M. at 778, 737 P.2d at 559, Plaintiffs argue that if venue is proper in Santa Fe County as to any one defendant, then venue is proper as to all. We disagree with this reading of Teaver and Hamby. The actual holding of Teaver is that under Section 38-3-1(A) (codified at the time of Teaver as NMSA 1941, § 19-501(2)), the residence of one of the defendants determines venue as to the remaining defendants, assuming that the defendant whose residence determines venue is a necessary party. Teaver, 53 N.M. at 349, 208 P.2d at 160 (quoting 56 Am. Jur., Venue, § 30). Teaver's holding follows from the following language in Section 19-501(2): " ll transitory actions shall be brought in the country where either the plaintiff or defendant or some one of them, in case there be more than one (1) of either, resides. . . ." Teaver, 53 N.M. at 349, 208 P.2d at 159 (original emphasis deleted; emphasis added). We recognize that Hamby contains the statement that "the legislature provided that in the event there were multiple defendants, proper venue for one defendant would determine proper venue for all defendants." Hamby, 105 N.M. at 780, 737 P.2d at 561 (citing Teaver). However, when this statement is considered in context, it is apparent that this statement was simply a broad paraphrase of Teaver and does not mark an expansion of Teaver's express holding.
Under Aetna Finance Co., Defendants Amerada, Chevron, Dynegy, Concho, Arch, Rice and Rhombus Energy do not reside anywhere in New Mexico because they are foreign corporations. It is undisputed that neither Plaintiffs, nor the remaining Defendants, Rhombus Operating and Primero, are residents of Santa Fe County. Teaver is inapplicable because under these facts no party resides in Santa Fe County. Because Teaver-Hamby was the only basis urged by Plaintiffs to support venue in Santa Fe County as to Defendants Rhombus Energy, Rhombus Operating and Primero, our conclusion that Teaver does not apply requires us to affirm the trial court's dismissal of these three Defendants.
5. DOES IMPROPER VENUE AS TO ONE OR MORE DEFENDANTS REQUIRE DISMISSAL AS TO ALL?
Defendants, citing Naumberg v. Cummins, 98 N.M. 2
Page 1 2 3 4 5 6 7 8 9 New Mexico Employee Leasing Services
Employee Leasing Services
|