NM Court of Appeals Schedules April 23 Hearing

April 23, 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 Tuesday, April 23, 2013. The oral argument is open to the public and begins at 1:30 p.m.

A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge Michael E. Vigil and Judge Timothy L. Garcia (’84).

Following are the details of the case:

ICEK BENZ a/k/a IKE BENZ and LAUREN BENZ , Plaintiffs-Appellants, represented by Catherine F. Davis

vs.

TOWN CENTER LAND LLC, CENTRAL MILLENIUM PARTNERSHIP, CENTRAL CORRIDOR INVESTORS LLC, MARTIN D. BLANC and DAVID BLANC, Defendants-Appellees, represented by Michael J. Cadigan

Appellants and Appellees are members of Town Center Land, LLC (“Town Center”). Appellants filed a complaint seeking dissolution of Town Center and alleged claims of fraud and misrepresentation against all Appellees except Martin Blanc. The trial court concluded Appellants released all claims raised in the Town Center matter by executing a Final Agreement and Release, and judgment for the Appellees was filed.

Appellants state that trial court erred: when it held the Final Agreement and Release released all claims in Town Center matter except the request for dissolution; in failing to order a dissolution; in its finding that there was no clear written memorial of the parties’ agreement with respect to contributions to Town Center; and when it ordered that appellants pay the cost and attorneys fees of Town Center Land and appellees.

Appellants’ Brief in Chief
Appellees’ Answer Brief
Appellants’ Reply Brief

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