Szantho v. Casa Arena Blanca, LLC

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40281

ANDRAS SZANTHO, as Personal

Representative for the Wrongful

Death Estate of NORMA WOLFE,

Plaintiff-Appellee, v.

CASA ARENA BLANCA, LLC d/b/a

CASA ARENA BLANCA NURSING

CENTER; and NEW MEXICO

HEALTHCARE I, LLC,

Defendants-Appellants, and

JEFFREY ADISAM, in his capacity as Administrator of Casa Arena

Blanca Nursing Center,

Defendant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY

Matthew J. Wilson, District Judge

Reddick Law, PLLC

Brian D. Reddick

Robert W. Francis

Little Rock, AR

Ron Bell Injury Lawyers

Lee L. Coleman

Albuquerque, NM for Appellee

Verdi & Ogletree PLLC Faith Kalman Reyes

Santa Fe, NM for Appellants

MEMORANDUM OPINION

DUFFY, Judge. {1} Appellants challenge the district court’s order denying their motion to compel arbitration. We issued a notice of proposed summary disposition proposing to reverse and remand for further proceedings. Appellants filed a memorandum in support of our proposed summary reversal, which we have duly considered. Plaintiff did not file a memorandum in opposition to our proposed 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 Appellants have demonstrated error on appeal. Accordingly, we reverse and remand. {3} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

JANE B. YOHALEM, Judge