Court of Appeals of New Mexico

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NICOLE NELLIS, for herself
and all others similarly situated,
Plaintiff-Appellee,
v.
MID-CENTURY INSURANCE COMPANY,
Defendant-Appellant.

NO. 29,993

COURT OF APPEALS OF NEW MEXICO

September 20, 2011

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Clay Campbell, District Judge

COUNSEL

Myers, Oliver & Price, P.C., Floyd D. Wilson, Albuquerque, NM, Freedman, Boyd, Hollander, Goldberg, Ives & Duncan, P.A., David Freedman, Joseph Goldberg, Albuquerque, NM, Eaves & Mendenhall, P.A., John M. Eaves, Karen Mendenhall, Albuquerque, NM, Law Office of Alan Konrad, Alan Konrad, Albuquerque, NM, Peifer, Hanson & Mullins, P.A., Charles R. Peifer, Robert E. Hanson, Albuquerque, NM, Dennis M. McCary, Albuquerque, NM, Robbins, Geller, Rudman & Dowd LLP, Rachel Jensen, San Diego, CA, for Appellees

Rodey, Dickason, Sloan, Akin & Robb, P.A., Andrew G. Schultz, Albuquerque, NM, Gibson, Dunn & Crutcher LLP, Theodore J. Boutrous, Jr., Christopher Chorba, Los Angeles, CA, Skadden, Arps, Slate, Meagher & Flom LLP, Darrel J. Hieber, Los Angeles, CA, for Appellants

JUDGES

MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, CYNTHIA A. FRY, Judge

AUTHOR: MICHAEL D. BUSTAMANTE

DECISION

BUSTAMANTE, Judge.

This is the companion case to Nellis v. Farmers Insurance Company of Arizona, COA No. 29,295 decided today. The factual background here is identical to that in Farmers. Perhaps because this case was decided below by a different trial judge, the procedural posture is slightly different. However, we have determined that the differences do not materially affect the legal analysis in any way that would prevent our Opinion in Farmers from controlling the outcome here.

Therefore, relying on Farmers, we reverse and remand for dismissal.

IT IS SO ORDERED.

MICHAEL D. BUSTAMANTE, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

CYNTHIA A. FRY, Judge