Opinion
19-2071
08-16-2021
FRANKLIN J. MORRIS, as personal representative of the wrongful death estate of Marcellino Morris, Jr. (deceased), Plaintiff - Appellant, v. GIANT FOUR CORNERS, INC., d/b/a Giant #7251, Defendant-Appellee.
Before PHILLIPS, BALDOCK, and MORITZ, Circuit Judges.
ORDER AND JUDGMENT [*]
This matter is before the court on the parties' Joint Motion to Dismiss Appeal and Remand Proceedings to District Court. The parties ask us to reverse the judgment of the district court and remand for proceedings consistent with the New Mexico Supreme Court's answer to the question of state law that we certified on November 1, 2019.
Upon consideration, the motion is granted as follows. The j district court is reversed, and this matter is remanded for further p consistent with the New Mexico Supreme Court's decision in Fra Giant Four Corners, Inc., No. S-1-SC-37997 (N.M. July 19, 2021
The Clerk shall issue the mandate forthwith. [*] In light of the parties' joint motion, oral argument is not necessary. Accordingly, the appeal is submitted on the briefs. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.