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NM Court of Appeals Schedules June 29, 10:00 AM Hearing

June 4, 2015 - Jen Laws

COA LogoThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, June 29, 2015. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Michael D. Bustamante (’74), Judge Linda M. Vanzi (’95), and Judge J. Miles Hanisee

Following are the details of the case:

FIDENCIO (“LENCHO”) VILLALOBOS, Plaintiff-Appellee, represented by Matthew P. Holt and Corbin Hildebrandt

vs.

NICHOLAS (“NICK”) VILLALOBOS and VILLALOBOS CONSTRUCTION CO., INC., Defendants-Appellants, represented by Joseph Cervantes and Michael Winchester

Villalobos Construction Co. was established by Defendant-Appellant in 2001. In early 2008 his brother, Fidencio Villalobos, received a fifty percent interest in the company. By late 2008 the Plaintiff and Defendant were discussing terminating their business association. In 2009, Plaintiff filed with the district court in Dona Ana County requesting dissolution of the company and requesting damages based on the alleged misappropriation of corporate assets by Defendant. An existing Buy-Sell Agreement between the brothers, dating from the time they initiated their business association, was not referenced or acted upon by Plaintiff. The Court granted a directed verdict on Plaintiff’s count for misappropriation of corporate assets, established its own valuation of Plaintiff’s stock, and ordered the purchase of the Plaintiff’s shares. Defendant-Appellant requests review of the District Court’s rulings.

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