This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a dispute over settlement benefits under the Wrongful Death Act (WDA) following the death of a minor child. The mother sought a declaratory judgment to bar the father from claiming these benefits, alleging that he had abandoned the child (para 1).
Procedural History
- District Court of San Juan County: Granted the mother's motion for declaratory judgment, barring the father from claiming settlement benefits under the WDA (para 1).
Parties' Submissions
- Appellant (Father): Argued that the district court erred in barring him from receiving settlement proceeds, claiming there was no judicial determination of what settlement benefits were received under the WDA versus other causes of action (para 2).
- Appellee (Mother): Supported the district court's decision to bar the father from claiming settlement benefits, arguing that the father had abandoned the child (para 1).
Legal Issues
- Whether the district court erred in barring the father from receiving settlement benefits under the Wrongful Death Act due to alleged abandonment of the minor child.
Disposition
- The New Mexico Court of Appeals affirmed the district court's order granting the mother's motion for declaratory judgment (para 4).
Reasons
Per Wray J. (Duffy and Henderson JJ. concurring): The court found that the father did not present any new facts or challenge the court's understanding of the proceedings or identify any specific legal errors in the proposed analysis. The father's repetition of earlier arguments did not meet the burden of clearly pointing out errors in fact or law. Consequently, the court was unpersuaded that its notice of proposed disposition was erroneous and affirmed the district court's order (paras 3-4).