Supreme Court of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
Rule Set 3 - Rules of Civil Procedure for the Metropolitan Courts - cited by 701 documents
Citations - New Mexico Appellate Reports
Padilla v. Torres - cited by 14 documents
Decision Content
This decision of the Supreme Court of New Mexico was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Supreme Court.
IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
Filing Date: July 25, 2024
No. S-1-SC-35696
BROADWAY APARTMENTS,
Plaintiff-Appellee,
v.
RAY VALDEZ,
Defendant-Appellant.
CERTIFICATION FROM THE COURT OF APPEALS
Clay Campbell, District Judge
New Mexico Legal Aid, Inc.
Thomas Prettyman
Albuquerque, NM
for Appellant
Lu Garcia
Pro se
Albuquerque, NM
for Appellee
DISPOSITIONAL ORDER OF REMAND
PER CURIAM.
{1} WHEREAS, on February 15, 2016, the Court accepted certification and held this matter in abeyance pending this Court’s disposition in Padilla v. Torres, No. S-1-SC-35619;
{2} WHEREAS, on August 17, 2022, Defendant’s counsel filed a Notice of Suggestion of Death;
{3} WHEREAS this Court issued an opinion in Padilla on February 5, 2024, reversing and remanding that matter to the metropolitan court for a new trial, see Padilla v. Torres, 2024-NMSC-007, ¶ 2, 548 P.3d 31;
{4} WHEREAS, the Court concludes that the certification question presented in this matter is addressed by the Court’s opinion in Padilla;
{5} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by non-precedential order; and
{6} WHEREAS, the Court having considered the foregoing and being sufficiently advised;
{7} NOW, THEREFORE, IT IS ORDERED that the Court’s February 15, 2016, order is WITHDRAWN as to the abeyance;
{8} IT IS FURTHER ORDERED that the parties shall file a notice of suggestion of death in the metropolitan court pursuant to Rule 3-403 NMRA; and
{9} IT IS FURTHER ORDERED that this matter is remanded to the metropolitan court for further proceedings.
{10} IT IS SO ORDERED.
WE CONCUR:
DAVID K. THOMSON, Chief Justice
MICHAEL E. VIGIL, Justice
C. SHANNON BACON, Justice
JULIE J. VARGAS, Justice
BRIANA H. ZAMORA, Justice