RUTHERFORD V. CHAVES COUNTY, 132 N.M. 288, 47 P.3d 447 (S. Ct. 2002)
DAVID RUTHERFORD, as personal
representative of the Estate
of RHONDA ADELE RUTHERFORD, deceased, DAVID RUTHERFORD and
BOBBIE FLENNIKEN, individually and as co-personal
representatives of the Estates of TALETHA JEAN RUTHERFORD,
deceased, and JOSEPH THORNTON RUTHERFORD, deceased; JOHN
RUTHERFORD, and MICHAEL and DEBRA THOMAS, individually and
as co-personal representatives of the Estate of DONOVAN J.
THOMAS, deceased, Plaintiffs-Respondents,
vs.
CHAVES COUNTY and BOARD OF COUNTY COMMISSIONERS OF CHAVES
COUNTY, Defendants-Petitioners.
NO. 27,487
SUPREME COURT OF NEW MEXICO
132 N.M. 288, 47 P.3d 447
July 05, 2002, Decided
Rutherford v. Chaves County, 2002-NMCA-059, 132 N.M. 289, 47 P.3d 448 (2002)
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 the Court having considered said petition and being sufficiently advised issued its writ of certiorari on May 20, 2002; and
WHEREAS, the petition was GRANTED on all issues as stated in the petition.
NOW, THEREFORE, IT IS ORDERED that this cause hereby is placed on the GENERAL CALENDAR and the parties hereby are notified that the Record Proper, Supplemental Record, and Transcript of Proceedings were filed in this Court on May 22 and June 18, 2002;
IT IS FURTHER ORDERED that petitioners' briefs in chief shall be timely if filed on or before August 23, 2002, with respondents' answer briefs due forty-five (45) days after the filing of petitioners' briefs, and petitioners' reply briefs, if any, due twenty (20) days after filing of respondents' answer briefs in accordance with the Rules of Appellate Procedure;
IT IS FURTHER ORDERED that the briefs shall consolidate and update any briefs filed in the New Mexico Court of Appeals with respect to the issues identified herein, without incorporation by reference, and shall comment on the Court of Appeals opinion filed April 4, 2002; and
IT IS FURTHER ORDERED that oral argument may be requested pursuant to Rule 12.2 NMRA.
IT IS SO ORDERED.
WITNESS, Honorable Patricio M. Serna, Chief Justice of the Supreme Court of the State of New Mexico, and the seal of said Court this 5th day of July, 2002.