Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,267 documents
Citations - New Mexico Appellate Reports
Farmers, Inc. v. Dal Mach Fabricating, Inc. - cited by 249 documents
Premier Trust of Nevada, Inc. v. City of Albuquerque - cited by 44 documents
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38260
WELLS FARGO BANK, N.A. as
Trustee on behalf of the Holders of
the HARBORVIEW MORTGAGE
LOAN TRUST MORTGAGE LOAN
PASS-THROUGH CERTIFICATES,
SERIES 2006-12,
Plaintiff-Appellee,
v.
MARIE C. RUSSO,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
David K. Thomson, District Judge
Holland & Hart LLP
Larry J. Montaño
Julia Broggi
Santa Fe, NM
for Appellee
Rachel O. Woods
Albuquerque, NM
for Appellant
DECISION
BOGARDUS, Judge.
{1} Appellant Marie Russo appeals the district court’s grant of summary judgment in favor of Appellee Wells Fargo Bank, N.A., as trustee on behalf of the holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificate, Series 2006-12 in a foreclosure action as well as the district court’s denial of her motion to reconsider. On appeal, Russo argues (1) the judgment is not a final order, (2) her right to due process was violated, (3) Wells Fargo failed to prove standing, and (4) the original dismissal from the 2011 case corresponding to this matter should be “enforced or reversed.”
{2} “[I]t is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.” Premier Trust of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10, ___ P.3d ___. We conclude, after thorough and careful review of the briefing, the authorities cited therein, and the record of both the case before us and the related case, D-101-CV-2011-03167, that Russo has not demonstrated an error on the part of the district court that requires reversal. See Farmers, Inc., v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (“The presumption upon review favors the correctness of the [district] court’s actions. Appellant must affirmatively demonstrate its assertion of error.”). Accordingly, we affirm the district court’s order granting summary judgment and denying Russo’s motion for reconsideration.
{3} IT IS SO ORDERED.
KRISTINA BOGARDUS, Judge
WE CONCUR:
J. MILES HANISEE, Chief Judge
JACQUELINE R. MEDINA, Judge