Opinion
S-1-SC-38468
06-17-2024
JUSTIN E. ROBERTS, Plaintiff-Appellee, v. AFFORDABLE AUTO SALES, Defendant-Appellant.
Griego & Guggino Laurence Paul Guggino, Jr. Los Lunas, NM for Appellant Justin E. Roberts Pro se Albuquerque, NM for Appellee
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CERTIFICATION FROM THE COURT OF APPEALS Joshua A. Allison, District Judge
Griego & Guggino Laurence Paul Guggino, Jr. Los Lunas, NM for Appellant
Justin E. Roberts Pro se Albuquerque, NM for Appellee
DISPOSITIONAL ORDER OF REVERSAL
PER CURIAM
{¶1} WHEREAS, on February 1, 2022, 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, 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,___ P.3d___;
{¶3} WHEREAS, the Court concludes that the issues presented in this matter are addressed by the Court's opinion in Padilla;
{¶4} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by nonprecedential order; and
{¶5} WHEREAS, the Court having considered the foregoing and being sufficiently advised;
{¶6} NOW, THEREFORE, IT IS ORDERED that the Court's February 1, 2022, order is WITHDRAWN as to the abeyance; and
{¶7} IT IS FURTHER ORDERED that the district court is reversed and this matter is remanded to the metropolitan court for a new trial in accordance with Padilla.
{¶8} IT IS SO ORDERED.
WE CONCUR: DAVID K. THOMSON, Chief Justice, MICHAEL E. VIGIL, Justice, C. SHANNON BACON, Justice, BRIANA H. ZAMORA, Justice