Broadway Apartments v. Valdez

Opinion

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: July 25, 2024

No. S-1-SC-35696

BROADWAY APARTMENTS,

Plaintiff-Appellee,

v.

RAY VALDEZ,

Defendant-Appellant.

CERTIFICATION FROM THE COURT OF APPEALS Clay Campbell, District Judge

New Mexico Legal Aid, Inc. Thomas Prettyman Albuquerque, NM

for Appellant

Lu Garcia Pro se Albuquerque, NM

for Appellee

DISPOSITIONAL ORDER OF REMAND

PER CURIAM.

{1} WHEREAS, on February 15, 2016, 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, on August 17, 2022, Defendant’s counsel filed a Notice of Suggestion of Death; {3} 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, 548 P.3d 31;

{4} WHEREAS, the Court concludes that the certification question presented in this matter is addressed by the Court’s opinion in Padilla;

{5} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by non-precedential order; and

{6} WHEREAS, the Court having considered the foregoing and being sufficiently advised;

{7} NOW, THEREFORE, IT IS ORDERED that the Court’s February 15, 2016, order is WITHDRAWN as to the abeyance;

{8} IT IS FURTHER ORDERED that the parties shall file a notice of suggestion of death in the metropolitan court pursuant to Rule 3-403 NMRA; and

{9} IT IS FURTHER ORDERED that this matter is remanded to the metropolitan court for further proceedings.

{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