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

• Peggy Cordova and Kristine D. Sanchez, the appellants, contested the testamentary capacity of their deceased mother and alleged undue influence over her will. Their challenge was directed against the estate of their mother, Annie Pacheco DeLeon. The crux of their appeal centered on the submission of an affidavit they believed would support their case, which they initially failed to include due to their belief that the affiant was an adverse party.

Procedural History

• District Court of Bernalillo County, C. Shannon Bacon, District Judge: Granted summary judgment in favor of the estate of Annie Pacheco DeLeon.

Parties' Submissions

• Appellants (Cordova and Sanchez): Argued that summary judgment should be reversed based on an affidavit submitted with their motion to reconsider. They contended that they initially did not submit the affidavit because they believed the affiant, Bernadine DeLeon, was an adverse party unlikely to provide an affidavit. They also argued that the district court abused its discretion by not considering new evidence they sought to introduce in their motion to reconsider.
• Appellee (Estate of Annie Pacheco DeLeon): [Not applicable or not found]

Legal Issues

• Whether the appellants raised a genuine issue of material fact concerning their mother’s testamentary capacity or undue influence over her.
• Whether the district court abused its discretion in declining to reconsider its order based on the appellants' failure to introduce certain evidence earlier.

Disposition

• The Court of Appeals affirmed the district court's order granting summary judgment in favor of the estate.

Reasons

• Per Timothy L. Garcia, J., with Cynthia A. Fry, J., and Linda M. Vanzi, J., concurring: The court held that the appellants' response to the estate's motion for summary judgment did not raise a genuine issue of material fact regarding their mother's testamentary capacity or any undue influence. The court also found that the district court did not abuse its discretion in declining to reconsider its order when the appellants did not demonstrate that the additional evidence they sought to introduce could not have been obtained previously. The appellants' failure to obtain the affidavit from Bernadine DeLeon at the time of their original response to the motion for summary judgment was due to their own inaction, and they did not utilize the procedural mechanism available to request a continuance for obtaining evidence to support their opposition to summary judgment. Consequently, the court affirmed the summary judgment, relying only on the evidence submitted with the appellants' original response.