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

• Therese Bernier, acting individually and as Trustee of the Therese Bernier Trust, appealed from three district court orders that awarded costs and attorney fees to the Defendant as sanctions under Rule 1-011 NMRA. The case involved a dispute following the death of Harold Bernier, with William Douglas Bernier acting as the substitute representative for the deceased.

Procedural History

• Appeal from the District Court of Santa Fe County, Barbara Vigil, District Judge, March 30, 2011: The district court awarded Defendant costs and attorney fees as sanctions.

Parties' Submissions

• Plaintiff-Appellant: Argued against the imposition of sanctions and attorney fees awarded by the district court.
• Defendant-Appellee: Contended that the appeal was inappropriate because the Plaintiff did not timely request or tender proposed findings of fact and conclusions of law, thereby waiving any specific findings for appellate review.

Legal Issues

• Whether the district court erred in awarding costs and attorney fees as sanctions without entering specific findings of fact and conclusions of law to support the sanctions imposed.

Disposition

• The Court of Appeals vacated the award of sanctions and remanded for findings of fact and conclusions of law.

Reasons

• Judges Jonathan B. Sutin, Michael D. Bustamante, and Michael E. Vigil concurred in the decision. The Court found that the district court erred by not entering sufficiently particularized findings to support the attorney fee and cost awards. Both parties failed to request specific findings from the district court, which did not preclude appellate review of the claimed error in the imposition of sanctions. The Court emphasized the necessity of specific findings and conclusions identifying the objectionable conduct and the basis for the amount of sanctions imposed, citing precedents that underscored this requirement. The Court was not persuaded by the Plaintiff's argument to reverse the awards without remand, noting that the record suggested evidence supporting the district court's decision. On remand, the district court was instructed to enter findings regarding the subjective knowledge and specific conduct it intended to sanction, among other considerations.