[DOWNLOAD] "Handmaker v. Henney" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free
eBook details
- Title: Handmaker v. Henney
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 17, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Robert H. Scott, District Judge OPINION {1} Dr. Stanley D. Handmaker, following his removal from an administrative position, filed suit against the University of New Mexico for breach of his employment contract and against numerous university officials for related claims. UNM moved for summary judgment on the ground of sovereign immunity, and the district court denied the motion. UNM then petitioned the Court of Appeals for writ of error to the district court. Upon certification from the Court of Appeals, we conclude that determinations regarding sovereign immunity from actions based on contract are generally reviewable by writ of error; however, the trial court did not err in determining that governmental immunity is inapplicable in this case due to the existence of a written contract. We also conclude that the trial court's determination that genuine issues of material fact exist regarding the breach of contract claim is not a final order and is not subject to review by writ of error. Accordingly, we affirm in part and dismiss the appeal in part. I. Facts {2} Dr. Handmaker has been a faculty member at the UNM School of Medicine since 1977 and is currently a tenured professor in pediatric medicine. Like other faculty members at UNM, Dr. Handmaker's employment contract with UNM is renewed annually. In 1981, Dr. Handmaker began serving as director of the division of developmental disabilities. Dr. Handmaker's 1986-1987 employment contract designated him as administrator of the developmental disability program, which, because there was no change in Dr. Handmaker's duties, included the position of director of the division of developmental disabilities. At that time, Dr. Handmaker's contract provided $5000 for his administrative duties.
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