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 filed a complaint against the Defendants, alleging abuse of process under the procedural impropriety theory. The specifics of the events leading to the case are not detailed in the provided text.

Procedural History

• District Court of Doña Ana County: Granted summary judgment in favor of the Defendant, dismissing the Plaintiff’s complaint with prejudice.

Parties' Submissions

• Plaintiff-Appellant: Argued that there was a material factual dispute relative to her claim of abuse of process under the procedural impropriety theory.
• Defendants-Appellees: [Not applicable or not found]

Legal Issues

• Whether the district court erred in granting summary judgment in favor of the Defendant by dismissing the Plaintiff’s complaint of abuse of process under the procedural impropriety theory.

Disposition

• The Court of Appeals reversed the district court’s order of summary judgment and remanded for further proceedings.

Reasons

• J. Miles Hanisee, Judge (with Briana H. Zamora, Judge and Zachary A. Ives, Judge concurring): The Court of Appeals decided to reverse the district court's decision based on the Plaintiff presenting a material factual dispute related to her claim of abuse of process under the procedural impropriety theory. The Defendants did not file any response to the Court of Appeals' notice of proposed summary disposition, and the time for doing so expired. The lack of opposition from the Defendants was interpreted as acceptance of the proposed reversal, following precedent from Frick v. Veazey. Consequently, the case was remanded for further proceedings to address the material factual dispute identified by the Plaintiff (paras 1-2).