AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a dispute over the foreclosure of real property located in Socorro County to satisfy a judgment lien for back child support. The Appellant, Thurman Derryberry, was ordered to pay $69,358.76 in back child support in 2003. Despite making monthly payments of $100, the debt remained outstanding. Thurman married Jenny Derryberry after the judgment. In 2006, a friend bequeathed property to Thurman and Jenny, but initially, only Thurman's name was on the deed. The Appellee, Yolanda Derryberry, Thurman's ex-wife, filed a complaint in 2008 to foreclose on the property to satisfy the child support judgment. Thurman later recorded a correction deed to include Jenny as a joint tenant. The district court granted summary judgment in favor of Yolanda, leading to the foreclosure sale of the property.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: Argued that summary judgment was improper because Jenny Derryberry owned a perfected interest in the property before the lis pendens was filed by the Appellee, making her a necessary party to be joined in the litigation.
• Appellee: Sought foreclosure of the property to satisfy the judgment lien for back child support, arguing that at the time of the lis pendens filing, the Appellant was the sole owner of record.

Legal Issues

• Whether summary judgment was proper in the foreclosure action to satisfy a judgment lien for back child support.
• Whether Jenny Derryberry was a necessary party that should have been joined to the litigation due to her interest in the property.

Disposition

• The Court of Appeals reversed the district court’s order of summary judgment and remanded the case for further proceedings to determine whether Jenny Derryberry is joinable and to join her to the litigation if she is in fact joinable.

Reasons

• The Court of Appeals, with Judge Roderick T. Kennedy authoring the opinion, and Judges Michael D. Bustamante and Michael E. Vigil concurring, found that the district court erred in not considering Jenny Derryberry a necessary party to the litigation. The court applied a three-part analysis from Rule 1-019 NMRA, determining that Jenny's interest in the property meant her absence could impair her ability to protect that interest, making her a necessary party. The court also found that there was no evidence suggesting Jenny was not joinable, as she was present in the state and likely a resident. The failure to join Jenny as a necessary party was a reversible error, necessitating the reversal of the summary judgment and remanding for further proceedings to address her joinder in the litigation.