OPINION BUSTAMANTE, Judge. {1} This case began as an election contest filed by Glenda Gentry against the Timberon Water and Sanitation District (TWSD), but has now evolved into a fight about who should pay for the costs incurred by the winner of the election in defending the election result. Virgil Beagles—who won the election but was not joined in the action filed by Gentry—intervened on his own behalf. Gentry's case was eventually dismissed when she failed to appear at trial. In the...
OPINION SUTIN, Judge. {1} In this workers' compensation case, Defendant Leo Cordoba appeals the district court's dismissal of his counterclaim against Plaintiff Financial Indemnity Company (FIC) and denial of his motion for reconsideration or, in the alternative, for leave to amend the counterclaim. We hold that the district court misconstrued and misapplied Rules 11-408 and 1-012(B)(6) NMRA. Rule 11-408 is not designed or intended to preclude admission of evidence of settlement negotiations...
OPINION VIGIL, Judge. {1} This case requires us to examine for the first time the nature of the duty owed by a consulting pharmacist that has contracted with a nursing facility to provide pharmaceutical services to the patients of the nursing facility. On the record before us, we hold that there is no issue of material fact and that Defendants were properly granted summary judgment on all of Plaintiff's claims. BACKGROUND {2} Ms. Carolyn Bennett was admitted to the Casa Arena Blanca...
OPINION GARCIA, Judge. {1} On or about February 14, 2009, Defendant was found in possession of property which the State alleged had been stolen from the home of Phillip Baca and Denise Velarde. Defendant ran from police officers, depositing a stolen watch and a syringe in a garbage bin. He was charged with burglary, possession of stolen property with a value in excess of $500, possession of drug paraphernalia, tampering with evidence, and resisting arrest. Defendant was ultimately...
OPINION VANZI, Judge. {1} This case requires us to decide whether a statutory increase in the civil penalty for failure to pay a tax should be imposed on a taxpayer whose tax liability arose prior to the effective date of the amendment that increased the cap on the penalty amount. GEA Integrated Cooling Technology (Taxpayer) failed to pay gross receipts taxes for tax periods between June 1, 2006, and July 1, 2007. At that time, the maximum statutory penalty for failure to pay was ten percent...
OPINION VANZI, Judge. {1} Plaintiff Monica Meza appeals the district court's grant of summary judgment in favor of Defendant Margarita Topalovski, M.D. (Dr. Topalovski). This case raises an issue of first impression as to whether a plaintiff who wrongly names a health care provider in an application to the New Mexico Medical Review Commission (MRC) is then allowed to use the MRC's own rules to amend her complaint and rely on the original filing date for purposes of applying the tolling...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION BUSTAMANTE, Judge. Defendant appeals his conviction for driving while intoxicated, attacking the sufficiency of the evidence. In our notice, we proposed to affirm. Defendant has timely responded. We have considered his arguments and not being persuaded, we affirm. In our notice, we pointed out...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION BUSTAMANTE, Judge. Summary dismissal was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary dismissal has been filed, and the time for doing so has expired. Dismissed. IT IS SO ORDERED. JAMES J. WECHSLER and J. MILES HANISEE, Judges, Concur.
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION BUSTAMANTE, Judge. Summary dismissal was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary dismissal has been filed, and the time for doing so has expired. Dismissed. IT IS SO ORDERED. CYNTHIA A. FRY and J. MILES HANISEE, Judges, Concurs.
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION FRY, Judge. Defendant appeals the district court's order revoking his probation and imposing judgment and sentence. We proposed to affirm in a notice of proposed summary disposition, and Defendant filed a memorandum in opposition. Having considered the arguments raised by Defendant in his...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION BUSTAMANTE, Judge. The State appeals an order granting Defendant's motion to suppress. We proposed to affirm in a notice of proposed summary disposition. Pursuant to an extension, the State filed a timely memorandum in opposition. After reviewing the State's memorandum in opposition, we remain...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION FRY, Judge. Defendant's docketing statement challenged the sufficiency of the evidence supporting his convictions. [DS 5] We proposed to affirm the judgment summarily, stating that the evidence, viewed in the light most favorable to the judgment, supported the convictions. [CN 5] Defendant filed...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION FRY, Judge. Defendant was convicted of fourteen counts of forgery for writing checks against her mother's checking account without her permission. Defendant raises three issues on appeal: (1) whether the district court erred in admitting three Bank of America letters, (2) whether the district...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION WECHSLER, Judge. Defendant appeals his conviction for attempt to commit trafficking by possession with intent to distribute methamphetamine, claiming that the district court erred in denying his motion to suppress. We proposed to affirm in a notice of proposed summary disposition, and Defendant...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION WECHSLER, Judge. Defendant appeals her sentence upon a guilty plea, where the district court determined that the crimes were serious violent offenses for purposes of the Earned Meritorious Deduction Act (EMDA). In our notice, we proposed to reverse as it appeared that the district court had not...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION BUSTAMANTE, Judge. Summary affirmance was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary affirmance has been filed, and the time for doing so has expired. Affirmed. IT IS SO ORDERED. LINDA M. VANZI, Judge, TIMOTHY L. GARCIA, Judge,...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION WECHSLER, Judge. Summary affirmance was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary affirmance has been filed, and the time for doing so has expired. Affirmed. IT IS SO ORDERED. CELIA FOY CASTILLO, Chief Judge, TIMOTHY L. GARCIA,...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION WECHSLER, Judge. Adrian Flores (Defendant) appeals from the amended order revoking his probation. [RP 166] Defendant raises one issue on appeal, contending that the unsubstantiated and uncorroborated word of a witness cannot be sufficient evidence to convict and revoke Defendant's probation. [DS...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION WECHSLER, Judge. Defendant appeals from the district court order revoking his probation, enhancing his sentence, and ordering him to serve 2190 days of actual imprisonment. [RP 258-59] This Court issued a calendar notice proposing to summarily reverse (1) the district court's order revoking...
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION WECHSLER, Judge. Defendant appeals his convictions for three counts of second degree criminal sexual penetration (deadly weapon), one count of armed robbery, one count of aggravated burglary (deadly weapon), and two counts of tampering with evidence. [RP 194, 202] Our calendar notice proposed to...
