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 Plaintiff purchased a home in Elephant Butte, New Mexico, and after taking possession, discovered construction defects. The Plaintiff sued the seller (Mark Ferrell), the seller’s broker (Susan Lowe), and her own brokers (Gretchen Campbell and Desert Lake Realty, LLC, collectively referred to as Campbell/DLR), alleging various causes of action related to the defects and misrepresentations about the property's condition.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff: Argued that Campbell/DLR and Lowe were granted summary judgment erroneously, the district court erred in amending the punitive damages award against Ferrell, and erroneously awarded costs to Campbell/DLR.
• Defendants (Campbell/DLR and Lowe): Contended that the district court properly granted them summary judgment due to Plaintiff's failure to properly dispute material facts and that Plaintiff's notices of appeal were procedurally defective.
• Defendant (Ferrell): On cross-appeal, argued that the district court erroneously awarded Plaintiff the cost of repairs as compensatory damages instead of the diminution in the home's value.

Legal Issues

• Whether the district court erred in granting summary judgment in favor of Campbell/DLR and Lowe.
• Whether the district court erred in amending the punitive damages award against Ferrell.
• Whether the district court erred in awarding costs to Campbell/DLR.
• On Ferrell's cross-appeal, whether the district court erred in its measure of damages awarded to Plaintiff.

Disposition

• Summary judgment in favor of Campbell/DLR and Lowe was affirmed.
• The district court's reduction of the punitive damages award in favor of Plaintiff against Ferrell was reversed and remanded for recalculation.
• The award of costs in favor of Campbell/DLR was affirmed.
• On Ferrell's cross-appeal, the district court's measure of damages awarded to Plaintiff was affirmed.

Reasons

• Summary Judgment: The court found that Plaintiff's responses to the summary judgment motions did not comply with Rule 1-056(D)(2), failing to properly dispute material facts, which were therefore deemed admitted. The undisputed facts established that Campbell/DLR and Lowe had no responsibility for the property's compliance with permit requirements or building codes, and they did not breach any duty of disclosure or commit negligent misrepresentation or fraud (paras 13-28).
  Punitive Damages: The reduction of the punitive damages award was based on an erroneous denial of attorney fees to Campbell/DLR. Since the basis for reducing the punitive damages was overturned, the reduction was reversed and remanded for reconsideration (paras 35-37).
  Award of Costs: The court affirmed the award of costs to Campbell/DLR, including expert witness fees and deposition costs, finding them necessary and reasonable (paras 38-44).
  Ferrell's Cross-Appeal: The court held that the district court's award of $50,000 for repair costs as compensatory damages was appropriate, as it more closely approximated the damages incurred by Plaintiff due to Ferrell's misrepresentations about the home's condition (paras 46-51).