Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
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CARRINGTON MORTGAGE V. TOWNSEND
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CARRINGTON MORTGAGE SERVICES, LLC,
Plaintiff-Appellee,
v.
JOHN F. TOWNSEND,
Defendant-Appellant.
Docket No. A-1-CA-37399
COURT OF APPEALS OF NEW MEXICO
March 25, 2019
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, John A. Dean, Jr., District Judge
COUNSEL
Rose L. Brand & Associates, P.C., Eraina M. Edwards, Albuquerque, NM, for Appellee.
NM Trust and Probate Law Firm, LLC, Monica A. Davis, Albuquerque, NM, for Appellant.
JUDGES
LINDA M. VANZI, Judge. WE CONCUR: KRISTINA BOGARDUS, Judge, BRIANA H. ZAMORA, Judge
MEMORANDUM OPINION
VANZI, Judge.
{1} Defendant appeals from the district court’s order denying his motion to reconsider summary judgment and order for sale and underlying summary judgment and order for foreclosure sale. In this Court’s notice of proposed disposition, we proposed to summarily reverse and remand. Defendant filed a memorandum in support, and Plaintiff filed a memorandum in response to proposed notice of summary disposition (MIO).
{2} In its memorandum in opposition, Plaintiff acknowledges that “the error occurred at the summary judgment phase,” argues that it is entitled to file a second motion for summary judgment providing the required evidence, and requests that this Court instruct the district court to “only set aside the summary judgment and resulting foreclosure sale.” [MIO 1, 3] Accordingly, for the reasons stated in our notice of proposed disposition and herein, we reverse the district court’s denial of Defendant’s motion for reconsideration, entered April 18, 2018; reverse the district court’s summary judgment and order for foreclosure sale, entered September 8, 2017, because there are issues of material fact; and remand for further proceedings.
{3} IT IS SO ORDERED.
LINDA M. VANZI, Judge
WE CONCUR:
KRISTINA BOGARDUS, Judge
BRIANA H. ZAMORA, Judge