Scott v. Mondragon

Full title: PAUL DOUGLAS SCOTT, Petitioner-Appellant, v. GLORIA ERLINA MONDRAGON…

Court: Court of Appeals of New Mexico

Date published: Dec 15, 2021

No. A-1-CA-39496 (N.M. Ct. App. Dec. 15, 2021)

Opinion

A-1-CA-39496

12-15-2021

PAUL DOUGLAS SCOTT, Petitioner-Appellant, v. GLORIA ERLINA MONDRAGON, Respondent-Appellee.

Julie A. Wittenberger Santa Fe, NM for Appellant Patrick R. Brito Santa Fe, NM for Appellee

KRISTINA BOGARDUS, Judge

UNPUBLISHED OPINION

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Sylvia F. Lamar, District Judge Cuddy & McCarthy, LLP

Julie A. Wittenberger Santa Fe, NM for Appellant

Patrick R. Brito Santa Fe, NM for Appellee

MEMORANDUM OPINION

KRISTINA BOGARDUS, Judge

{¶1} Petitioner appeals from the district court's final decree of dissolution of marriage, asserting that the district court erred by determining a residence had transmuted from separate to community property. This Court issued a notice of proposed disposition, proposing to reverse and remand for further proceedings.

Respondent filed a memorandum expressing her concurrence with this Court's proposed remand, and not otherwise objecting to our notice.

{2} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we reverse the district court's ruling that the residence was community property and remand for further proceedings.

{¶3} IT IS SO ORDERED.

WE CONCUR: MEGAN P. DUFFY, Judge SHAMMARA H. HENDERSON, Judge