Opinion
S-1-SC-39246 S-1-SC-39156
06-17-2024
VILLAGE PARK MANUFACTURED HOME, Plaintiff-Respondent, v. ERICA GALLEGOS-CABRERA a/k/a ERIKA GALLEGOS, Defendant-Petitioner. VILLAGE PARK MANUFACTURED HOME, Plaintiff-Appellee, v. ERICA GALLEGOS-CABRERA a/k/a ERIKA GALLEGOS, Defendant-Appellant.
New Mexico Center on Law and Poverty Lindsay Cutler Maria T. Griego Sovereign Hager Albuquerque, NM New Mexico Legal Aid, Inc. Thomas Prettyman Albuquerque, NM for Petitioner Vance, Chavez & Associates, LLC James A. Chavez Albuquerque, NM for Respondent
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ORIGINAL PROCEEDING ON CERTIORARI Benjamin Chavez, District Judge
New Mexico Center on Law and Poverty Lindsay Cutler Maria T. Griego Sovereign Hager Albuquerque, NM New Mexico Legal Aid, Inc.
Thomas Prettyman Albuquerque, NM for Petitioner Vance, Chavez & Associates, LLC James A. Chavez Albuquerque, NM for Respondent
DISPOSITIONAL ORDER OF REMAND
PER CURIAM.
{¶1} WHEREAS, this matter came on for consideration upon petition for writ of certiorari to the New Mexico Court of Appeals filed pursuant to Rule 12-502 NMRA in case number S-1-SC-39156 and certification request from the New Mexico Court of Appeals in case number S-1-SC-39246;
{¶2} WHEREAS, the Court having considered the foregoing petition and certification request and being sufficiently advised issued its writ of certiorari in case number S-1-SC-39156 on March 2, 2022, and accepted certification in case number S-1-SC-39246 on April 22, 2022;
{¶3} WHEREAS, on April 22, 2022, the Court consolidated the cases and ordered briefing on the issues, and on November 7, 2022, the Court held the consolidated matters in abeyance pending this Court's disposition in Padilla v. Torres, No. S-1-SC-35619;
{¶4} 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 __;
{¶5} WHEREAS, the Court concludes that the issues presented in this matter are addressed by the Court's opinion in Padilla;
{¶6} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by nonprecedential order; and
{¶7} WHEREAS, the Court having considered the foregoing and being sufficiently advised;
{¶8} NOW, THEREFORE, IT IS ORDERED that the Court's November 7, 2022, order is WITHDRAWN as to the abeyance; and
{¶9} IT IS FURTHER ORDERED that this matter is remanded to the metropolitan court for a new trial in accordance with Padilla.
{¶10} IT IS SO ORDERED.
WE CONCUR: DAVID K. THOMSON, Chief Justice MICHAEL E. VIGIL, Justice C. SHANNON BACON, Justice JULIE J. VARGAS, Justice BRIANA H. ZAMORA, Justice