Martinez v. Sedillo

2005 NMCA 029, 107 P.3d 543, 137 N.M. 103
CourtNew Mexico Court of Appeals
DecidedJanuary 18, 2005
Docket24,399
StatusPublished
Cited by19 cases

This text of 2005 NMCA 029 (Martinez v. Sedillo) 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
Martinez v. Sedillo, 2005 NMCA 029, 107 P.3d 543, 137 N.M. 103 (N.M. Ct. App. 2005).

Opinion

OPINION

WECHSLER, Chief Judge.

{1} In this appeal, we address the jurisdiction of the metropolitan court under the Mobile Home Park Act (MHPA), NMSA 1978, §§ 47-10-1 to 47-10-23 (1983, as amended through 1997). Petitioner Yvonne Martinez rented a mobile home lot in a mobile home park in Albuquerque. The landlord brought an action to terminate Petitioner’s rental agreement by filing a notice of termination of the rental agreement in metropolitan court. The metropolitan court, through Judge Frank Sedillo, Respondent, concluded that the landlord had not provided Petitioner proper notice to terminate the rental agreement, but without request by the landlord, enjoined Petitioner from having social gatherings or guests and from consuming alcoholic beverages on the premises. The metropolitan court based its jurisdiction on both the MHPA and the Uniform Owner-Resident Relations Act (UORRA), NMSA 1978, §§ 47-8-1 to 47-8-52 (1975, as amended through 1999). Petitioner filed a petition for a writ of mandamus in district court to restrict the metropolitan court’s order because it lacked jurisdiction to issue an injunction. The district court concluded that the metropolitan court had jurisdiction and denied the petition, also relying on the MHPA and the UORRA. We hold that the metropolitan court has jurisdiction under the MHPA to issue an injunction to enjoin a party to a mobile home lot rental agreement from violating the rental agreement or the MHPA and affirm. We do not address the issue of jurisdiction under the UORRA.

Jurisdiction of the Metropolitan Court in This Case

{2} The issue in the case arises because of the lack of specific language granting jurisdiction to the metropolitan court to issue an injunction. The New Mexico Constitution grants the legislature the authority to create magistrate courts to exercise limited original jurisdiction. N.M. Const, art. VI, §§ 1, 26. The statute conferring civil jurisdiction to magistrate courts includes cases “in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs.” NMSA 1978, § 35-3-3(A) (2001). It specifically denies jurisdiction “to grant writs of injunction, habeas corpus or extraordinary writs.” Section 35 — 3—3(C)(6). The legislature expressly granted the metropolitan court the jurisdiction of magistrate courts, as well as jurisdiction over other matters not pertinent to this case. NMSA 1978, § 34-8A-3(A) (2001). The metropolitan court has jurisdiction over “civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs.” Section 34-8A-3(A)(2). Thus, to the extent the magistrate court has jurisdiction under the MHPA, the metropolitan court also has jurisdiction. Therefore, our reference to the jurisdiction of the magistrate court in this opinion also includes the jurisdiction of the metropolitan court.

{3} Petitioner argues that the metropolitan court did not have the authority to grant the injunction in this case without a clear expression of legislative intent. She contends that the New Mexico Constitution vests the sole jurisdiction to grant an injunction with the district courts and that the proper way to read any difference in the statutes is to harmonize them such that “litigants who wish to sue for damages which exceed $10,000 or injunctive relief can do so in the district court, and litigants requesting relief which is not prohibited in the courts of limited jurisdiction may do so in either the district or magistrate [or metropolitan] court.” We address these arguments, and the issue of the metropolitan court’s jurisdiction, as matters of statutory construction, which we review de novo. See State v. McClendon, 2001-NMSC-023, ¶ 2, 130 N.M. 551, 28 P.3d 1092 (stating that statutory construction is a pure question of law, which is subject to de novo review).

{4} As a court of limited jurisdiction, the metropolitan court’s authority is restricted to authority affirmatively granted by the constitution or statute. State v. Ramirez, 97 N.M. 125, 126, 637 P.2d 556, 557 (1981); State v. Vega, 91 N.M. 22, 25, 569 P.2d 948, 951 (Ct.App.1977). The constitution affords the legislature the ability to confer jurisdiction upon courts of original limited jurisdiction. N.M. Const, art. VI, §§ 1, 26. The legislature acts affirmatively by enacting a statute. Therefore, the issue before us is whether the legislature intended to confer jurisdiction to the metropolitan court to issue an injunction with the adoption of the MHPA.

{5} In enacting the MHPA, the legislature included a specific provision concerning subject matter jurisdiction. Section 47-10-10(D) reads:

The management or the resident may bring a civil action for violation of the rental agreement or any violation of the Mobile Home Park Act in the appropriate court of the county in which the mobile home park is located. Either party may recover actual damages, or, the court may in its discretion award such equitable relief as it deems necessary, including the enjoining of either party from further violations.

{6} To ascertain the intent of the legislature in enacting this provision, we look principally to the plain language of the statute, using the ordinary meaning of the statutory language unless the statute indicates a different intent. See High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998-NMSC-050, ¶ 5, 126 N.M. 413, 970 P.2d 599. With Section 47-10-10(D), the legislature created the remedy for violation of the MHPA or of a rental agreement subject to the MHPA and granted the remedy of an injunction to prevent further violation, in addition to other remedies, including damages. It enabled a party to a rental agreement to bring a civil action “in the appropriate court of the county in which the mobile home park is located.” Id. Although the legislature did not specifically mention a court of limited jurisdiction, its language cannot reasonably be interpreted otherwise. The legislature clearly gave the court in which the action could be brought the authority to issue an injunction. The only courts within a county that have original jurisdiction such that they could be “appropriate” under Section 47-10-10 are the district and magistrate courts. The statutory language “the appropriate court” indicates the availability of more than a single court and does not indicate an intent to limit jurisdiction only to the district court. The only conclusion we can reach from the language of Section 47-10-10(D) is that the legislature intended “the appropriate court” to include the magistrate court and the district court and to be based on the jurisdictional monetary limitations of the magistrate court as a court of limited jurisdiction.

{7} If we were to interpret this language of Section 47-10-10(D) to mean that an action under the MHPA must be brought in the district court, as Petitioner would apparently contend, the plain language of Section 47-10-10(D) would not make sense as written.

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Cite This Page — Counsel Stack

Bluebook (online)
2005 NMCA 029, 107 P.3d 543, 137 N.M. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-sedillo-nmctapp-2005.