AI Generated Opinion Summaries
Decision Information
Citations - New Mexico Laws and Court Rules
Chapter 39 - Judgments, Costs, Appeals - cited by 2,988 documents
Chapter 39 - Judgments, Costs, Appeals - cited by 2,988 documents
Decision Content
This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- JoAnn M. MacLellan, in her individual capacity and as Guardian and Trustee for David Timothy King, Daniel J. King, and John R. King, contested the orders of the district court which denied her claims related to the estate of Phillip Timothy King, deceased. MacLellan's efforts to vacate the initial denial of her claims were also rejected by the court.
Procedural History
- District Court of Luna County, July 2, 2013: Denied MacLellan's claims (para 1).
- District Court of Luna County, July 31, 2013: Denied MacLellan's request to vacate the July 2, 2013 order (para 1).
Parties' Submissions
- Appellant (JoAnn M. MacLellan): Sought to appeal the district court's amended order denying her request to vacate the order that had denied her claims (para 1).
- Appellee (Virginia N. Eyermann, Personal Representative): Filed a timely memorandum in opposition to the proposed disposition by the Court of Appeals, which suggested remanding the case to the district court for further consideration (para 1).
Legal Issues
- Whether the district court should consider an outstanding motion for relief from judgment filed by MacLellan, which could potentially alter the outcome of the case (para 2).
Disposition
- The case was remanded to the district court for it to rule on MacLellan's motion for relief from judgment (para 2).
Reasons
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Per Michael E. Vigil, with concurrence from Linda M. Vanzi and M. Monica Zamora, the Court of Appeals decided to remand the case to the district court. This decision was based on the belief that MacLellan’s post-judgment motion should be treated as a motion under NMSA 1978, Section 39-1-1 (1953). The Court of Appeals did not receive a response from MacLellan to their proposed disposition but considered the opposition filed by Eyermann. The remand was deemed in the interest of judicial economy, allowing the district court to directly address the outstanding motion for relief from judgment (paras 1-2).
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