Opinion
A-1-CA-40198
07-28-2022
ANDRAS SZANTHO, as Personal Representative for the Wrongful Death Estate of MARTHA DELLINGER, Plaintiff-Appellee, v. RENAISSANCE HEALTH CARE, LLC d/b/a SPANISH TRAIL REHABILITATION SUITES, Defendant-Appellant.
Reddick Moss, PLLC Brent L. Moss Robert W. Francis Brian D. Reddick Little Rock, AR Lee L. Coleman Albuquerque, NM for Appellee Verdi & Ogletree PLLC Faith Kalman Reyes Santa Fe, NM for Appellant
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APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Kathleen A. McGarry, District Judge
Reddick Moss, PLLC Brent L. Moss Robert W. Francis Brian D. Reddick Little Rock, AR Lee L. Coleman Albuquerque, NM for Appellee
Verdi & Ogletree PLLC Faith Kalman Reyes Santa Fe, NM for Appellant
MEMORANDUM OPINION
JACQUELINE R. MEDINA, JUDGE
{¶1} Defendant appeals the district court's order denying its motion to compel arbitration. We issued a notice of proposed summary disposition proposing to reverse and remand for further proceedings. Defendant filed a memorandum in support of our proposed summary disposition, which we have duly considered. Plaintiff did not file a memorandum in opposition to our proposed summary disposition and the time for doing so has now run.
{¶2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that Defendant has demonstrated error on appeal. Accordingly, we reverse and remand.
{¶3} IT IS SO ORDERED.
WE CONCUR: JENNIFER L. ATTREP, KRKTINA BOGARDUS, JUDGE