MEMORANDUM OPINION KRISTINA BOGARDUS , Judge . {1} Plaintiff Beverly Rodriguez appeals from the district court's grant of summary judgment in favor of Defendants Jeffrey Smith, a New Mexico State Police (NMSP) agent, and the NMSP. 1 Specifically, Plaintiff challenges the propriety of the district court's reliance on facts found in a prior, federal court proceeding to collaterally estop her district court claims of false arrest, false imprisonment, and malicious abuse of process against...
MEMORANDUM OPINION LINDA M. VANZI , Judge . {1} Defendant appeals his conviction, following a jury trial, of false imprisonment. [DS 3] This Court issued a notice of proposed summary disposition, proposing to affirm. [CN 4] Defendant has filed a memorandum in opposition to that proposed disposition. Having duly considered that memorandum, we remain unpersuaded and affirm Defendant's conviction. {2} Although Defendant's docketing statement challenged the sufficiency of the evidence...
This decision was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of non-precedential dispositions. Please also note that this electronic decision may contain computer-generated errors or other deviations from the official paper version filed by the Supreme Court. MEMORANDUM OPINION JULIE J. VARGAS , Judge . {1} Defendants New Mexico Department of Public Safety (DPS) and the Town of Edgewood (the Town) appeal...
OPINION HENRY M. BOHNHOFF , Judge . {1} In this appeal we are called upon to consider the counterintuitive proposition that, under New Mexico law, residents of territory who wish to incorporate the territory as a new municipality in order to avoid being annexed by an existing neighboring municipality must first petition the existing municipality to annex the territory. The Provisional Government of Santa Teresa (PGST), a New Mexico non-profit corporation consisting of owners of land in...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION HANISEE , Judge . {1} Plaintiff Western Agriculture, Resource and...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION JULIE J. VARGAS , Judge . {1} Maria and Vicente Valdez (...
OPINION BRUCE D. BLACK , Judge . Factual and Procedural Background {1} In 1849, after years of intermittent warfare, the United States entered into a peace treaty with the Navajo Tribe (Navajo Nation). See Treaty With the Navaho, September 9, 1849, 9 Stat. 974 (Treaty of 1849). That treaty subjected the Navajo Nation and its people to the sovereignty and rule of the United States and recognized the existence and legitimacy of a territory to be dedicated to the Navajo Nation. At the...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION HENRY M. BOHNHOFF , Judge . { 1} Plaintiff Living Cross Ambulance...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION MICHAEL E. VIGIL , Judge . {1} Saiz Trucking and Earthmoving (...
OPINION EMIL J. KIEHNE , Judge . {1} Plaintiffs, Angela and Joe Lueras, and David Van Epps, filed two separate lawsuits against GEICO General Insurance Company and GEICO Indemnity Company 1 , respectively, in response to GEICO's refusal to pay uninsured/underinsured (UM/UIM) benefits to them. GEICO declined to pay because Plaintiffs had rejected UM/UIM coverage. The district courts granted summary judgment to GEICO in both cases. These appeals raise substantially similar issues, and for...
OPINION EMIL J. KIEHNE , Judge . {1} The Board of County Commissioners of Torrance County (the Board) determined that JBM Land & Cattle, LLC (JBM) did not need a conditional use permit under Torrance County's zoning ordinance to grow medical cannabis on property it owned in a rural section of the county. Several of JBM's neighbors challenged that decision in the district court, which overturned the Board's decision and held that JBM's proposed use of the property was a "commercial use"...
OPINION BOHNHOFF , Judge . {1} In this appeal we are called upon to consider the counterintuitive proposition that, under New Mexico law, residents of territory who wish to incorporate the territory as a new municipality in order to avoid being annexed by an existing neighboring municipality must first petition the existing municipality to annex the territory. The Provisional Government of Santa Teresa (PGST), a New Mexico non-profit corporation consisting of owners of land in the Santa...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION LINDA M. VANZI , Chief Judge . {1} Plaintiffs Monica Boehmer and...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION LINDA M. VANZI , Chief Judge . {1} Jama Fontaine (Defendant) has...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION J. MILES HANISEE , Judge . {1} Protestant Pete's Top Quality...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION LINDA M. VANZI , Chief Judge . {1} Petitioner Houston Wall has...
OPINION JULIE J. VARGAS , Judge . {1} In this consolidated appeal, ITT Educational Services, Inc., d/b/a ITT Technical Institute (ITT) appeals the district court's order denying its motion to compel arbitration, as well as its order compelling compliance with subpoenas served on counsel for ITT students by the Attorney General. On appeal, ITT claims that the Attorney General is bound by provisions in student enrollment agreements requiring that any dispute related to a student's...
OPINION BOHNHOFF , Judge . {1} Plaintiff Maura Schmierer (Schmierer) appeals from the district court's dismissal of her 2004 petition 1 seeking domestication and enforcement of a California state court judgment that she obtained in 1989. Notwithstanding the fact that Schmierer had revived the California judgment in 1999, the district court determined that enforcement of the judgment was time-barred pursuant to NMSA 1978, 37-1-2 (1983), New Mexico's fourteen-year statute of limitations...
OPINION KIEHNE , Judge . {1} Plaintiffs, Angela and Joe Lueras, and David Van Epps, filed two separate lawsuits against GEICO General Insurance Company and GEICO Indemnity Company 1 , respectively, in response to GEICO's refusal to pay uninsured/underinsured (UM/UIM) benefits to them. GEICO declined to pay because Plaintiffs had rejected UM/UIM coverage. The district courts granted summary judgment to GEICO in both cases. These appeals raise substantially similar issues, and for that...
OPINION MICHAEL E. VIGIL , Judge . {1} The district court upheld the decision of the Director of the New Mexico Human Services Department, Medical Assistance Division (HSD/MAD) to recoup Medicaid payments made to Princeton Place (Princeton), a nursing home located in Albuquerque, New Mexico. The claim was that Princeton was not entitled to Medicaid payments for services provided to a resident, J.F., because Princeton did not comply with New Mexico Department of Health (DOH) nursing home...
