The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
History: 1953 Comp., § 22-6-10, enacted by Laws 1975, ch. 340, § 7.
ANNOTATIONSDecision to accept declaratory judgment jurisdiction discretionary and reviewable. — Whether a court assumes, takes, entertains, accepts or exercises jurisdiction in a declaratory judgment action, or refuses so to do, it is acting within its discretionary power which is subject to review for an alleged abuse thereof. Allstate Ins. Co. v. Firemen's Ins. Co., 1966-NMSC-120, 76 N.M. 430, 415 P.2d 553.
Discretion must be based on good reason. — The exercise of discretion to grant or refuse declaratory relief under this section must find its basis in good reason. Sunwest Bank v. Clovis IV, 1987-NMSC-065, 106 N.M. 149, 740 P.2d 699.
Disputed interpretation of arbitration contract. — Where a complaint for declaratory judgment raises questions of law arising from the disputed interpretation of an arbitration contract, the proper forum for resolution of such questions is the trial court. Guaranty Nat'l Ins. Co. v. Valdez, 1988-NMSC-090, 107 N.M. 764, 764 P.2d 1322.
Discretion held not to have been abused. — The trial court is vested with broad discretion to grant or refuse claims for declaratory relief, and where a ruling that there existed full legal and public access to plaintiff's property would not have terminated the controversy giving rise to the action, the trial court did not abuse its discretion in refusing to rule on the matter. Colborne v. Village of Corrales, 1987-NMSC-060, 106 N.M. 103, 739 P.2d 972.
Determination of remedy may be had before hearing on merits. — Contention that it was mandatory on the district court to hear a case on the merits before it could exercise its discretion to determine whether a declaratory judgment was the appropriate remedy and whether a declaration should be granted or denied was without merit. Allstate Ins. Co. v. Firemen's Ins. Co., 1966-NMSC-120, 76 N.M. 430, 415 P.2d 553.
Law reviews. — For annual survey of New Mexico law of civil procedure, 19 N.M.L. Rev. 627 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 17 to 22.
26 C.J.S. Declaratory Judgments §§ 11, 12.