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 Kathryn D’Antonio (Tenant) who brought claims against Dollahon Properties, LLC; Hilltop House Properties, LLC; and Gary Dollahon (collectively, Landlords) alleging negligence and violation of the New Mexico Owner-Resident Relations Act due to failing to provide a safe living environment. The Tenant's claims were based on the presence of mold in her apartment, which she argued the Landlords failed to adequately address.

Procedural History

• District Court of Chaves County: The court ruled in favor of the Landlords, rejecting the Tenant’s claims of negligence and violation of the New Mexico Owner-Resident Relations Act.

Parties' Submissions

• Tenant: Argued that the Landlords were negligent and violated the New Mexico Owner-Resident Relations Act by failing to provide a safe living environment, specifically by not addressing mold issues in the apartment. The Tenant supported her claims with her own testimony and that of a certified mold inspector and a medical specialist in Chronic Inflammatory Response Syndrome (CIRS).
• Landlords: Contended that the Tenant failed to preserve her challenge on appeal regarding the sufficiency of the evidence because she did not challenge the findings of fact or conclusions of law under Rule 1-052(D) NMRA. They also argued that they acted as a reasonably prudent manager and maintained the property in a manner safe for residents.

Legal Issues

• Whether the Tenant preserved her challenge on appeal regarding the sufficiency of the evidence.
• Whether the district court’s findings of fact are supported by substantial evidence.
• Whether the Landlords were negligent or violated the New Mexico Owner-Resident Relations Act by failing to provide a safe living environment.

Disposition

• The Court of Appeals affirmed the district court’s decision in favor of the Landlords.

Reasons

• The Court of Appeals, with Judges Gerald E. Baca, Zachary A. Ives, and Jane B. Yohalem concurring, found that the Tenant preserved her challenge on appeal regarding the sufficiency of the evidence by timely submitting proposed findings of fact and conclusions of law (para 4). The court concluded that the district court’s findings of fact were supported by substantial evidence, including testimony from the Landlord and expert witnesses, and that the Tenant’s challenges to the findings of fact and credibility of witnesses did not persuade the court to overturn the district court’s decision (paras 5-12). The court emphasized that it does not reweigh evidence or determine the credibility of witnesses on appeal, and it found that the evidence supported the district court’s conclusion that the Landlords acted reasonably and prudently, did not breach their duties under Section 47-8-20, and were not negligent (paras 6, 12).