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| City of Deming v. Deming Firefighters Local 4521, NO. 26,508 consolidated with NO. 26,509,
COURT OF APPEALS OF NEW MEXICO, April 19, 2007, Filed
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Overview: Grandfather clause to the New Mexico Public Employee Bargaining Act did not apply regarding city ordinance excluding fire department captains from bargaining units, but labor relations board was permitted to determine whether it had jurisdiction over the officers. However, the clause did apply to the ordinance provide concerning impasse procedures.
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| In re Estate of Duran, Docket No. 26,342,
COURT OF APPEALS OF NEW MEXICO, April 19, 2007, Filed
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Overview: After Supreme Court of Mexico found that each of five siblings owned undivided one-fifth interest in real property, the district court, on remand, properly recognized that each sibling, whether he or she participated in the underlying litigation or any subsequent appeal, had an interest in the property; no sibling had forfeited his or her rights.
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| State ex rel. Children, Youth & Families Dep't v. Benjamin O., Docket No. 26,551,
COURT OF APPEALS OF NEW MEXICO, April 19, 2007, Filed
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Overview: Even though district court had the power to make a custody determination following the reversal of the abuse or neglect adjudication, district court's findings were not sufficiently developed such that the court could determine whether district court properly terminated the father's parental rights, and case was remanded for further proceedings.
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| Stockton v. State Taxation & Revenue Dep't, Docket No. 26,041,
COURT OF APPEALS OF NEW MEXICO, April 20, 2007, Filed
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Overview: In a tax dispute, taxpayer was not relieved of her liability because her claims that N.M. Const. art. XX, § 1 and N.M. Const. art. XXII, § 19 were violated were unsupported and frivolous. Also, disclosure of information by IRS complied with I.R.C. § 6103(d).
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| Albin v. Bakas, Docket No. 26,134,
COURT OF APPEALS OF NEW MEXICO, April 26, 2007, Filed
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Overview: The New Mexico State Police officers seizing currency under New Mexico law were subject to the procedures set forth in the New Mexico Forfeiture Act (Act), N.M. Stat. Ann. § 31-27-1 to -8; because the police officers violated the Act by keeping the cash in personal custody, summary judgment in favor of the police officials was improper.
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| State v. Soto, Docket NO. 25,473,
COURT OF APPEALS OF NEW MEXICO, April 27, 2007, Filed
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Overview: Defendant's conviction for driving while intoxicated pursuant to N.M. Stat. Ann. § 66-8-102(D)(3) was improper because the prosecutor improperly questioned defendant in regard to the veracity of the officer's testimony and the trial court's failure to sustain defendant's objection was reversible error, warranting a new trial.
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| Computer One, Inc. v. Grisham & Lawless, P.A., Docket No. 25,732,
COURT OF APPEALS OF NEW MEXICO, April 30, 2007, Filed
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Overview: Where a corporation objected to an attorney charging lien filed by defendants, claim preclusion barred the corporation's subsequent legal malpractice claims against defendants because, inter alia, the corporation was in an adversarial relationship with defendants and was required to assert any claims arising out of the same transaction.
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| Fiser v. Dell Computer Corp., Docket No. 25,862,
COURT OF APPEALS OF NEW MEXICO, April 30, 2007, Filed
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Overview: An agreement to arbitrate was upheld under Texas law in a contract for the purchase of a computer because the buyer agreed to the terms of the sale when he failed to return the computer, the arbitration agreement was not unconscionable, and N.M. Stat. Ann. § 55-2-207 did not apply to these specific circumstances.
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| ACLU of N.M. v. City of Albuquerque, Docket No. 26,143,
COURT OF APPEALS OF NEW MEXICO, May 2, 2007, Filed
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Overview: Plaintiffs did not have standing to challenge city ordinance as they did not demonstrate that they suffered injury in fact or were in imminent harm of suffering injury in fact due to the ordinance. Plaintiffs could not bring claim that ordinance was overbroad as First Amendment rights were not implicated. Case was not of great public importance.
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| N.M. Mining Ass'n v. Water Quality Control Comm'n, Docket No. 25,814,
COURT OF APPEALS OF NEW MEXICO, May 10, 2007, Filed
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Overview: The amended definition of surface waters of the State was adopted by the New Mexico Water Quality Control Commission consistent with the requirements of the Water Quality Act, N.M. Stat. Ann. § 74-6-4(C), and with due process; the reasons for amending the definition of surface waters of the State were supported by substantial evidence.
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