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 Four Hills Community, LLC, as the Plaintiff-Appellee, against Sherry Lynn Tucker, the Defendant-Appellant, and Gloria H. Novak, another defendant. The specific events leading to the case are not detailed in the provided text.

Procedural History

• Certification from the Court of Appeals to the Supreme Court of New Mexico, with the matter held in abeyance pending the Court's disposition in Padilla v. Torres (para 1).

Parties' Submissions

• Appellant (Sherry L. Tucker): Represented pro se, specific arguments not detailed in the provided text (N/A).
• Appellee (Four Hills Community, LLC): Represented by Vance, Chavez & Associates, LLC, specific arguments not detailed in the provided text.

Legal Issues

• Whether the certified question presented in this matter is addressed by the Court’s opinion in Padilla v. Torres (paras 3-4).

Disposition

• The Supreme Court of New Mexico ordered that the matter previously held in abeyance is withdrawn, certification is accepted, and the case is remanded to the metropolitan court for a new trial in accordance with Padilla (paras 6-8).

Reasons

• Per Curiam: The Supreme Court decided to withdraw its previous order holding the matter in abeyance and accepted certification based on its discretion under Rule 12-405(B) NMRA. This decision was influenced by the Court's opinion in Padilla v. Torres, which addressed the certified question presented in this case. Consequently, the Court ordered a remand to the metropolitan court for a new trial in accordance with the findings and directives issued in Padilla (paras 1-8). The unanimous concurrence by Justices David K. Thomson, Michael E. Vigil, C. Shannon Bacon, Julie J. Vargas, and Briana H. Zamora supports the decision (para 9).