Court of Appeals of New Mexico

Decision Information

Nellis v. Mid-Century Ins. Co.

Collection Court of Appeals of New Mexico
Date 09/20/2011
Docket Numbers 29,993
Decision-maker(s) MICHAEL D. BUSTAMANTE; JAMES J. WECHSLER; CYNTHIA A. FRY
Opinion Type Unreported Opinions
Relations See AI generated summary - Nellis v. Mid-Century Ins. Co. (AI Generated Opinion Summaries) - 09/20/2011
Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,882 documents

Decision Content

NELLIS V. MID-CENTURY INS. CO.

This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

NICOLE NELLIS, for herself
and all others similarly situated,
Plaintiff-Appellee,
v.
MID-CENTURY INSURANCE COMPANY,
Defendant-Appellant.

NO. 29,993

COURT OF APPEALS OF NEW MEXICO

September 20, 2011


APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Clay Campbell, District Judge

COUNSEL

Myers, Oliver & Price, P.C., Floyd D. Wilson, Albuquerque, NM, Freedman, Boyd, Hollander, Goldberg, Ives & Duncan, P.A., David Freedman, Joseph Goldberg, Albuquerque, NM, Eaves & Mendenhall, P.A., John M. Eaves, Karen Mendenhall, Albuquerque, NM, Law Office of Alan Konrad, Alan Konrad, Albuquerque, NM, Peifer, Hanson & Mullins, P.A., Charles R. Peifer, Robert E. Hanson, Albuquerque, NM, Dennis M. McCary, Albuquerque, NM, Robbins, Geller, Rudman & Dowd LLP, Rachel Jensen, San Diego, CA, for Appellees

Rodey, Dickason, Sloan, Akin & Robb, P.A., Andrew G. Schultz, Albuquerque, NM, Gibson, Dunn & Crutcher LLP, Theodore J. Boutrous, Jr., Christopher Chorba, Los Angeles, CA, Skadden, Arps, Slate, Meagher & Flom LLP, Darrel J. Hieber, Los Angeles, CA, for Appellants

JUDGES

MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, CYNTHIA A. FRY, Judge

AUTHOR: MICHAEL D. BUSTAMANTE

DECISION

BUSTAMANTE, Judge.

This is the companion case to Nellis v. Farmers Insurance Company of Arizona, COA No. 29,295 decided today. The factual background here is identical to that in Farmers. Perhaps because this case was decided below by a different trial judge, the procedural posture is slightly different. However, we have determined that the differences do not materially affect the legal analysis in any way that would prevent our Opinion in Farmers from controlling the outcome here.

Therefore, relying on Farmers, we reverse and remand for dismissal.

IT IS SO ORDERED.

MICHAEL D. BUSTAMANTE, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

CYNTHIA A. FRY, Judge

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