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 an appeal by the Defendant against the district court's order denying his motion to reconsider summary judgment and order for sale, as well as the underlying summary judgment and order for foreclosure sale.

Procedural History

• District Court of San Juan County, September 8, 2017: Summary judgment and order for foreclosure sale issued.
• District Court of San Juan County, April 18, 2018: Denial of Defendant's motion for reconsideration.

Parties' Submissions

• Plaintiff-Appellee: Acknowledges the error occurred at the summary judgment phase, argues entitlement to file a second motion for summary judgment with the required evidence, and requests the appellate court to instruct the district court to only set aside the summary judgment and resulting foreclosure sale (para 2).
• Defendant-Appellant: Filed a memorandum in support of the appellate court's notice of proposed disposition, which proposed to summarily reverse and remand the district court's decisions (para 1).

Legal Issues

• Whether the district court erred in denying the Defendant's motion for reconsideration of the summary judgment and order for foreclosure sale.
• Whether there are issues of material fact that preclude summary judgment and order for foreclosure sale.

Disposition

• The appellate court reversed the district court’s denial of Defendant’s motion for reconsideration, entered on April 18, 2018.
• The appellate court reversed the district court’s summary judgment and order for foreclosure sale, entered on September 8, 2017.
• The case was remanded for further proceedings (para 3).

Reasons

• Per LINDA M. VANZI, J. (KRISTINA BOGARDUS, J., and BRIANA H. ZAMORA, J., concurring): The appellate court found that the district court erred in its summary judgment and order for foreclosure sale due to the presence of issues of material fact. The Plaintiff's acknowledgment of the error at the summary judgment phase and the proposal to allow for a second motion for summary judgment with the necessary evidence further supported the decision to reverse and remand for further proceedings (paras 1-2).