Supreme Court of New Mexico

Decision Information

Citations - New Mexico Appellate Reports
State v. Garcia - cited by 11 documents

Decision Content

LACY V. HOLIDAY MGT. CO., 1973-NMSC-071, 85 N.M. 460, 513 P.2d 394 (S. Ct. 1973)

JOSEPH E. LACY, Plaintiff-Appellant,
vs.
HOLIDAY MANAGEMENT COMPANY, WILLARD C. KRUGER, W. C. KRUGER
COMPANY, a New Mexico Corporation, and JACK FURRH,
Defendants-Appellees

No. 9655

SUPREME COURT OF NEW MEXICO

1973-NMSC-071, 85 N.M. 460, 513 P.2d 394

July 13, 1973

Appeal from the District Court of Bernalillo County, Stowers, Judge

Motion for Rehearing Denied August 24, 1973

COUNSEL

JAMES R. TOULOUSE & ASSOCIATES, JAMES C. HALL, Albuquerque, New Mexico, Attorneys for Plaintiff-Appellant.

KELEHER & McLEOD, JOHN B. TITTMAN, Albuquerque, New Mexico, Attorneys for Defendants-Appellees.

JUDGES

STEPHENSON, Justice, wrote the opinion.

WE CONCUR:

John B. McManus, Jr., C.J., Samuel Z. Montoya, J.

AUTHOR: STEPHENSON

OPINION

STEPHENSON, Justice.

{1} Plaintiff-Appellant sued, alleging breach of fiducial obligations owed him as a result of a partnership of which he had been a member.

{2} The trial court's decision included findings of fact consistent with honesty and fair dealing on the part of the defendants-appellees and inconsistent with appellant's factual predicate. It also denied findings of fact requested by appellant which were essential to his case.

{3} In attempting to attack these actions of the trial court, appellant's brief falls far short of compliance with the second paragraph of Supreme Court Rule 15(6) [§ 21-2-1(15)(6), N.M.S.A. 1953]. Compliance with portions of Supreme Court Rule 15(16)(b) and (c) [§ 21-2-1(15)(16) (b & c), N.M.S.A. 1953] ranges from slight to none.

{4} We will accordingly consider the matter no further. The judgment from which the appeal is taken is affirmed.

{5} IT IS SO ORDERED.

WE CONCUR:

John B. McManus, Jr., C.J., Samuel Z. Montoya, J.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.