Harris v. Vasquez

2012 NMCA 110, 2 N.M. 713
CourtNew Mexico Court of Appeals
DecidedSeptember 18, 2012
DocketDocket 31,006
StatusPublished
Cited by11 cases

This text of 2012 NMCA 110 (Harris v. Vasquez) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Vasquez, 2012 NMCA 110, 2 N.M. 713 (N.M. Ct. App. 2012).

Opinion

OPINION

KENNEDY, Judge.

{1} Ora Lee Harris and Lorandon Byrd (Plaintiffs) appeal the district court’s order granting Antonio Vasquez’s and Dominic Vasquez’s (Defendants) motion for summary judgment. The sole issue on appeal is whether a debtor responsible for a mechanic’s lien against a car, who is not its owner, must be given notice before enforcement of a mechanic’s lien under NMS A 1978, Section 48-3-13(A) (1989). We affirm and conclude that notice need not be given to the debtor and that notice to the owner is sufficient.

I. BACKGROUND

{2} Prior to the enforcement of Defendants’ mechanic’s lien, Byrd owned a 1986 Nissan Maxima. The car is a motor vehicle within the meaning ofNMSA 1978, Section 48-3-21(B) (1965). When Byrd was incarcerated, she gave possession and use of the car to Harris, her aunt. Byrd’s ownership of the car remained unchanged. Subsequently, in April 2007, Harris contacted Vasquez, owner and operator of Vasquez Welding and Tire, to make repairs to the car.

{3} Vasquez completed the repair work on April 18, 2007, and presented Harris with a bill for $1207.83. On April 14, 2008, Harris made a $500 payment for the repairs, leaving an outstanding balance of $707.83. Harris made no further payments on the bill. The car remained in Vasquez’s possession.

{4} InNovember 2008, Vasquez, through his agent, Amber Workheiser of Workheiser Enterprises, Inc., initiated proceedings to enforce his mechanic’s lien under Section 48-3-13. Worlcheiser conducted a vehicle history. The State of New Mexico Vehicle History report showed that Byrd was the registered owner. Byrd’s address of record coincided with the home address of Harris. Workheiser sent notice to Byrd, via certified mail, stating the amount of indebtedness and that if the amount was not paid within ten days, the car may be advertised and sold under Section 48-3-13. Notice was sent to Byrd at Harris’s address on November 25, 2008, and delivery was attempted on November 28 and December 3, 2008. Harris allowed the certified mail package to go unclaimed and be returned undelivered to Workheiser on December 12, 2008. At no time was written notice addressed to Harris.

{5} Worlcheiser scheduled the car auction for January 8, 2009, at 8:00 a.m., and, in compliance with NMSA 1978, Section 48-3-14(A) (1955), posted six notices around the city. Workheiser conducted the sale at the appointed date and time. Besides Vasquez, no other bidders appeared for the sale. Vasquez bid the amount of his lien and took ownership of the car. In February 2009, Harris saw Antonio Vasquez, Dominic Vasquez’s nephew, driving the car around Clovis. Harris approached him for return of the car, and he declined.

{6} In September 2009, Harris and Byrd filed a pro se civil complaint against Defendants in magistrate court, seeking return of the 1986 Nissan Maxima or $5000 in payment for the car. Harris and Byrd argued that the lien enforcement and sale was improper because Vasquez never provided notice to Harris, who possessed the car, and such notice was required under the statute because Harris was the debtor. In December 2009, the court found that notice was sufficient and awarded Defendants attorney fees.

{7} Plaintiffs subsequently appealed to the district court for trial de novo. The parties filed cross-motions for summary judgment. Plaintiffs argued that lien enforcement was improper because Vasquez failed to follow Section48-3-13(A)bynot providing no tice to Harris, who had made all contractual agreements with him, provided partial payment, and was the debtor for the repair work. Defendants argued that Harris was not the car’s owner and, therefore, was not entitled to notice and that adequate notice was served on Byrd. In November 2010, the district court denied Plaintiffs’ motion for summary judgment and granted Defendants’ counter-motion for summary judgment on the ground that Harris was not the legal owner of the car and, therefore, was not entitled to notice. Plaintiffs now appeal.

II. DISCUSSION

{8} At issue is whether the district court properly granted summary judgment in concluding that Harris was not entitled to notice and that notice was properly made upon Byrd under Section 48-3-13(A). The parties agree that the lien arose under Section 48-3-1. The argument revolves solely around whether the notice required for lien enforcement was proper under Section 48-3-13.

{9} “On appeal from the grant of summary judgment, we ordinarily review the whole record in the light most favorable to the party opposing summary judgment to determine if there is any evidence that places a genuine issue of material fact in dispute.” City of Albuquerque v. BPLW Architects & Eng’rs, Inc., 2009-NMCA-081, ¶ 7, 146 N.M. 717, 213 P.3d 1146. “However, if no material issues of fact are in dispute and an appeal presents only a question of law, we apply de novo review and are not required to view the appeal in the light most favorable to the party opposing summary judgment.” Id.

{10} Interpretation of a statute is a question of law, which an appellate court reviews de novo. See Morgan Keegan Mortg. Co. v. Candelaria, 1998-NMCA-008, ¶ 5, 124 N.M. 405, 951 P.2d 1066. When presented with a question of statutory construction, we observe several general principles. High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998-NMSC-050, ¶ 5, 126 N.M. 413, 970 P.2d 599. First, we read several sections of a statute together, so that all parts are given effect. Methola v. Cnty. of Eddy, 95 N.M. 329, 333, 622 P.2d 234, 238 (1980). Second, we give the words of the statute their plain meaning unless the Legislature indicates a different intent. State ex rel. Klineline v. Blackhurst, 106 N.M. 732, 735, 749 P.2d 1111, 1114 (1988), superceded in statute as stated in Cordova v. Taxation & Revenue, 2005-NMCA-009, 136 N.M. 713, 104 P.3d 1104. Further, we will not read into a statute language that is not there, particularly, if it makes sense as written. Burroughs v. Bd. of Cnty. Comm’rs, 88 N.M. 303, 306, 540 P.2d 233, 236 (1975). Finally, the purpose of statutory construction is to give effect to the intent of the Legislature. Key v. Chrysler Motors Corp., 121 N.M. 764, 768-69, 918 P.2d 350, 354-55 (1996), aff’d in part, rev’d in part on other grounds by 2000-NMSC-010, 128 N.M. 739, 998 P.2d 575.

{11} Section 48-3-13(A) provides a mechanic’s lienholder an optional, self-enforcement mechanism and states, in relevant part, that the lien claimant must “serve the person against whom the lien is sought to be enforced with a written notice or forward to the last known address of the person, by certified or registered mail, return receipt requested, a written statement, setting forth an itemized statement of the amount of the indebtedness.” (Emphasis added.)

{12} This notice requirement in Subsection A applies to the self-enforcement of and sales associated with, inter alia, mechanic’s and artisan’s liens on motor vehicles. NMSA 1978, Sections 48-3-1 to -3-20.

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Bluebook (online)
2012 NMCA 110, 2 N.M. 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-vasquez-nmctapp-2012.