SOMMER V. DASKALOS, GALLEY, VASILION PSHP., 122 N.M. 227, 923 P.2d 594 (S. Ct. 1996)
RITA SOMMER, Plaintiff-Respondent,
vs.
DASKALOS, GALLEY, VASILION PARTNERSHIP d/b/a LANDMARK
SQUARE, GEORGE VASILION, FRED GALLEY, PETE DASKALOS,
and ESTEVAN APODACA, pro forma,
Defendants-Petitioners.
NO. 23,765
SUPREME COURT OF NEW MEXICO
122 N.M. 227, 923 P.2d 594
August 29, 1996, Decided
Petition for Writ of Certiorari Granted December 3, 1996.
OPINION
ORDER
WHEREAS, this matter came on for consideration by the Court upon petition for writ of certiorari to the New Mexico Court of Appeals and response thereto, and the Court having considered said petition and response and being sufficiently advised;
NOW, THEREFORE, IT IS ORDERED that the petition hereby is GRANTED on the following issue raised in the petition and a writ of certiorari shall issue to the New Mexico Court of Appeals:
Was there a duty owed by the lessor?
IT IS FURTHER ORDERED that this matter is placed on an expedited tract and petitioners shall file their brief in chief on or before September 16, 1996, respondent's answer brief shall be timely if filed on or before October 4, 1996, and petitioners' reply brief, if any, shall be filed October 9, 1996;
IT IS FURTHER ORDERED that the briefs shall consolidate and update the briefs filed in the New Mexico Court of Appeals with respect to the issue identified, without incorporation by reference, and comment on the memorandum opinion filed June 28, 1996; and
IT IS FURTHER ORDERED that no oral argument shall be heard in this matter and that this cause shall be submitted on the October 1996 briefs-only calendar.