Szantho v. Renaissance Health Care, LLC

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40198

ANDRAS SZANTHO, as Personal

Representative for the Wrongful

Death Estate of MARTHA DELLINGER,

Plaintiff-Appellee, v.

RENAISSANCE HEALTH CARE, LLC d/b/a SPANISH TRAIL REHABILITATION

SUITES,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY

Kathleen A. McGarry, District Judge

Reddick Moss, PLLC

Brent L. Moss

Robert W. Francis

Brian D. Reddick

Little Rock, AR

Lee L. Coleman

Albuquerque, NM for Appellee

Verdi & Ogletree PLLC

Faith Kalman Reyes

Santa Fe, NM for Appellant

MEMORANDUM OPINION

MEDINA, Judge. {1} Defendant appeals the district court’s order denying its motion to compel arbitration. We issued a notice of proposed summary disposition proposing to reverse and remand for further proceedings. Defendant filed a memorandum in support of our proposed summary disposition, which we have duly considered. Plaintiff did not file a memorandum in opposition to our proposed summary disposition and the time for doing so has now run. {2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that Defendant has demonstrated error on appeal. Accordingly, we reverse and remand. {3} IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

KRISTINA BOGARDUS, Judge