Cited by
Opinions in New Hampshire that cite Mortgage Specialists, Inc. v. Davey, 904 A.2d 652.
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Martin v. Far Echo Harbor Club
2026 N.H. 9
N.H. 2026
v. Ross, 170 N.H. 331, 337 (2017) (concluding argument was preserved because “although the trial court did not address [the defendant’s argument] in its order, the defendants’ failure to raise the issue earlier did not deprive the trial court of the opportunity to address it”); Mortgage Specialists v. Davey, 153 N.H. 764, 786-87 (2006).
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State of New Hampshire v. Kenneth J. Lewis, Jr.
N.H. 2025
When an issue is raised for the first time in a motion for reconsideration and failure to raise the issue earlier did not deprive the trial court of a full opportunity to correct its error, the issue has been preserved for our review.
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TJN, Inc. v. Abigail Mathes Pitou
N.H. 2024
“Conclusively against the weight of the evidence means that the verdict was one no reasonable jury could return.” Mortgage Specialists v. Davey, 153 N.H. 764, 771 (2006) (quotation omitted).
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Town of Henniker v. Andre Cote, Jr.
N.H. 2023
Van Der Stok v. Van Voorhees, 151 N.H. 679, 681 (2005) (holding that appellant properly waited to file appeal until the trial court had issued a post-trial final ruling on attorney’s fees); see also Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (holding that party may preserve issue that could have been raised at earlier time by raising it in a motion for reconsideration if raising issue on reconsideration does not deprive trial court of opportunity to correct its error, or if trial co
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State of New Hampshire v. Scott Hilliard
N.H. 2021
Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006); see also State v. Plantamuro, 171 N.H. 253, 255 (2018).
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Petition of State of New Hampshire
N.H. 2020
The trial court has discretion not to address an argument raised for the first time in a motion for reconsideration on the basis that the argument was not timely raised.
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Thomas J. Loeffler v. Paul Bernier
N.H. 2020
We review for an unsustainable exercise of discretion a trial court’s refusal to entertain new issues on reconsideration on the basis that the issues could have been raised at an earlier time.
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State of New Hampshire v. Jessica A. Branco
N.H. 2020
“The rationale behind the rule is that trial forums should have an opportunity to rule on issues and to correct errors before they are presented to the appellate court.” Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (quotation and brackets omitted).
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In the Matter of Jennifer Faherty and Kevin Faherty
N.H. 2020
“The rationale behind the rule is that trial forums should have an opportunity to rule on issues and to correct errors before they are presented to the appellate court.” Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (quotation and brackets omitted).
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James Faro & a. v. Land's End Association
N.H. 2019
the trial court exercises its discretion to refuse to entertain the issue on reconsideration due to the party’s failure to raise it at an earlier time, we will uphold that decision absent an unsustainable exercise of discretion.” Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006).
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Patrick Stack & a. v. Merriewoode Village, Inc.
N.H. 2019
A party may preserve a claim of reversible error through a post-decision motion only if the failure to raise the issue earlier did not deprive the trial court of an opportunity to correct its error.
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Wayne Ross, Trustee of the Wayne Ross Revocable Trust & a. v. Donald W. Ross & a.
172 A.3d 1069
N.H. 2017
“The rationale behind the rule is that trial forums should have an opportunity to rule on issues and to correct errors before they are presented to the appellate court.” Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (quotation and brackets omitted).
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In the Matter of Nicholas Kelly and Astrid Fernandes-Prabhu
164 A.3d 379
N.H. 2017
“The rationale behind the rule is that trial forums should have an opportunity to rule on issues and to correct errors before they are presented to the appellate court.” Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (quotation and brackets omitted).
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Kulick's, Inc. v. Town of Winchester
N.H. 2016
Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (stating we will uphold trial court’s decision not to entertain an issue raised for the first time in a motion to reconsider, absent an unsustainable exercise of discretion).
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In re Estate of Brian H. Shaw
N.H. 2016
When in response to a motion to reconsider, a trial court declines to entertain an issue not raised at an earlier time, we will uphold that decision absent an unsustainable exercise of discretion.
- Orca Communications v. Ann Noder Et vir/pitch Public 337 P.3d 545 Ariz. 2014
- Orca Communications Unlimited, LLC v. Noder 314 P.3d 89 Ariz. Ct. App. 2013
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State v. Eaton
27 A.3d 735
N.H. 2011
Sargent, 148 N.H. at 574; cf. Mortgage Specialists v. Davey, 153 N.H. 764, 786 (2006) (purpose of preservation rule is to give trial forums “an opportunity to rule on issues and to correct errors before they are presented to the appellate court” (quotation omitted)).
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Green Mountain Realty Corp. v. Fifth Estate Tower, LLC
13 A.3d 123
N.H. 2010
One category of unlawful acts involves “[disparaging the goods, services, or business of another by false or misleading representation of fact.” RSA 358-A:2, VIII; see Mortgage *83 Specialists v. Davey, 153 N.H. 764, 781 (2006).
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State v. Lake Winnipesaukee Resort, LLC
977 A.2d 472
N.H. 2009
Moreover, the argument is inadequately briefed.
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New Hampshire Ball Bearings, Inc. v. Jackson
969 A.2d 351
N.H. 2009
The trial court denied *429 NHBB’s request for sanctions, stating that it had no authority to issue sanctions for what it considered to be indirect criminal contempt under our decision in Mortgage Specialists v. Davey, 153 N.H. 764 (2006).
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Dupont v. NEW HAMPSHIRE REAL ESTATE COM'N
956 A.2d 316
N.H. 2008
We will "examine the language of the statute, ascribing to its words their plain and ordinary meanings, and interpret it in the context of the overall legislative scheme and not in isolation."
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Dupont v. New Hampshire Real Estate Commission
157 N.H. 658
N.H. 2008
We will “examine the language of the statute, ascribing to its words their plain and ordinary meanings, and interpret it in the context of the overall legislative scheme and not in, isolation.” Mortgage Specialists v. Davey, 153 N.H. 764, 774 (2006).
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Guyotte v. O'NEILL
958 A.2d 939
N.H. 2008
Finally, a jury’s verdict may only be set aside if it is conclusively against the weight of the evidence or if it is the result of mistake, partiality, or corruption.
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Liam Hooksett, LLC v. Boynton
956 A.2d 304
N.H. 2008
While we acknowledge that the tenants were self-represented in the trial court, our longstanding rule is that we do not review matters not raised at the earliest possible time.
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State v. Hancock
934 A.2d 551
N.H. 2007
Criminal contempt is a sanction imposed by the trial court when a defendant has intentionally failed to comply with a valid order of which the defendant had knowledge.
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In Re Albert
922 A.2d 643
N.H. 2007
In the Matter of State & Taylor, 153 N.H. 700, 702 (2006) (treating whether trial court correctly ruled that lump sum personal injury settlement was “gross income” as matter of statutory construction); Mortgage Specialists v. Davey, 153 N.H. 764, 774 (2006) (“interpretation of a statute...