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NM Court of Appeals Schedules April 11 Hearing

April 9, 2013 - Jen Laws

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The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, April 11, 2013. The oral argument is open to the public and begins at 10:00 a.m.

A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge Cynthia A. Fry (’81) and Judge M. Monica Zamora (’87).

Following are the details of the case:

THERESE BERNIER, individually and as Trustee of the Therese Bernier Trust, Plaintiff-Appellant, represented by Ilyse Hahs-Brooks, G. Holdt Garver, Linda Helen Bennett


HAROLD BERNIER, deceased, represented by WILLIAM DOUGLAS BERNIER, as substitute representative, Defendant-Appellee, represented by Aaron J. Wolf, Y. Jun Roh

Appellant states that: the imposition of attorney fees for allegedly sanctionable conduct of a person not a party to the action is unsupported by the facts and is contrary to law; the imposition of sanctions pursuant to Rule 1-011 NMRA is unsupported by the facts and is contrary to law; the district court’s award of costs was arbitrary and capricious, contrary to law, and not supported by substantial evidence.

Appellants’ Brief in Chief
Appellee’s Answer Brief
Appellants’ Reply Brief

For more information, contact Nora Gonzales at 505-841-4618.