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NM Court of Appeals Schedules August 3, 10:00 AM Hearing

August 1, 2015 - Jen Laws

COA LogoThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, August 3, 2015. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Michael E. Vigil, Judge Cynthia A. Fry (’81), and Judge J. Miles Hanisee

Following are the details of the case:

ERNESTINE ESPARZA, Petitioner-Appellee, represented by Robert R. Fuentes

vs.

FRANK ESPARZA, Respondent-Appellant, represented by Linda L. Ellison

The Petitioner-Appellee filed a Petition for Dissolution of Marriage on August 11, 2009. The division of assets and debts was a protracted process, with numerous issues set to be resolved at trial. The trial concluded and the Court gave oral rulings on January 11, 2011. The Court entered Findings of Fact and Conclusions of Law on April 8, 2011. An Amended Final Decree was issued February 15, 2012 in the midst of multiple hearings and court appearances. Respondent-Appellant requests review of whether:

  • The Court erred when it ruled on the issue of annual leave when neither party raised the issue nor testimony was taken on the issue
  • The Court erred in not allocating the payment of the court-ordered survivor benefits to Petitioner-Appellee
  • The Court erred in ordering Respondent-Appellant to election Option B for his PERA retirement and in doing so whether the Court erred in wording the Final Decree contrary to the oral ruling of January 2011, mandating designation of Petitioner-Appellee as survivor beneficiary
  • The Court erred in failing to include all the Chase credit card debt along with interest thereon in the calculation of the community debt
  • The Court erred in its award of educational spousal support and by failing to set forth all the terms of when the modifiable spousal support would end and specifying tax treatment of same
  • The Court erroneously used a $779.99 interim division arrears payment as a set off against monies owed Respondent-Appellee
  • The Court erred in failing to order Petitioner-Appellee to reimburse Respondent-Appellant for one-half of the additional monies received during the divorce proceedings
  • The Court properly credited the five thousand dollar separate interest in the Deferred Compensation

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