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NM Court of Appeals Schedules April 20, 2017 9:30 AM Hearing

April 3, 2017 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, April 20, 2017. The oral argument is open to the public and begins at 9:30 A.M.

A three-judge panel will preside: Chief Judge Linda M. Vanzi (’95), Judge James J. Wechsler, and Judge Jonathan B. Sutin (’63).

Following are the details of the case:

DAVID J. FOGELSON and CORINNE FOGELSON, husband and wife, Plaintiffs-Appellees/Cross-Appellants, represented by Catherine F. Davis


ERIC WALLACE and MARK BOZZONE, Defendants-Appellants/Cross-Appellees, represented by Robert Koeblitz, Matthew M. Spangler, and Alice R. Lorenz

In June 2009, prior to filing this suit, Plaintiffs obtained a default judgment against Wallen Development, Inc. and Developments by Wallen, LLP for breach of contract, fraud, and unfair trade practices. Their claims were based on the breach of a 2008 contract under which Wallen was to build Plaintiffs a house. Wallen went out of business without finishing the house. Larry Filener, who was secretary, treasurer, and CFO of Wallen Development Inc. and Wallen’s registered agent, was served in that action, but not made a Defendant. Plaintiffs filed a 2010 complaint against Gary Wallen, Mary Wallen (former Wallen owners), Larry Filener, Eric Wallace, Jenice Montoya (former General Manager of Wallen Development, Inc.), and GM Westside Investments, LLC. The counts of the complaint were based upon the breach of Plaintiff’s 2008 Purchase Agreement. The complaint was amended, adding Defendants Mark Bozzone, Wallen Development, Inc. and Developments by Wallen, LLP, and removing GM Westside Investments LLC, Larry Filener, Jenice Montoya, Gary and Mary Wallen. Defendants-Appellants request review of the findings of the District Court in favor of Plaintiffs-Appellees. An understanding of all arguments will require a detailed reading of all briefs filed.

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