Garcia v. Purdy, A-1-CA-37970

CitationA-1-CA-37970
Case DateSeptember 22, 2022
CourtCourt of Appeals of New Mexico

MANUEL GARCIA a/k/a MANUEL J. GARCIA, Plaintiff-Appellant,
v.

ROBERTO J. PURDY and LINDA PURDY, Defendants-Appellees.

No. A-1-CA-37970

Court of Appeals of New Mexico

September 22, 2022


Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.

APPEAL FROM THE DISTRICT COURT OF SAN MIGUEL COUNTY Flora Gallegos, District Judge

Manuel J. Garcia Las Vegas, NM Pro Se Appellant

Egolf + Ferlic + Martinez + Harwood, LLC Mark A. Cox Kristina Martinez Santa Fe, NM for Appellees

DECISION

SHAMMARA H. HENDERSON, JUDGE.

{¶1} Plaintiff Manuel Garcia appeals the district court's grant of summary judgment in favor of Defendants Roberto and Linda Purdy (collectively, Defendants) in a quiet title action. On appeal, Plaintiff raises many arguments, the

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main argument being that the district court erred in granting summary judgment in favor of Defendants.

{¶2} "[I]t is the appellant's burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred." Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10, 482 P.3d 1261. We conclude, after a thorough and careful review of the briefing, the authorities cited therein, the record of both the case before us, and the related cases the district court took judicial notice of, that Plaintiff has not demonstrated an error on the part of the district court that requires reversal. See Farmers, Inc., v. Dal Mach. &Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 ("The presumption upon review favors the correctness of the [district] court's actions. Appellant must affirmatively demonstrate its assertion of error."); see also Jones v. City of Albuquerque Police Dep't, 2020-NMSC-013, ¶ 27, 470 P.3d 252 ("Under the right for any reason doctrine, we may affirm the district court's order on grounds not relied upon by the district court if those grounds do not require us to look beyond the factual allegations that were raised and considered below." (internal quotation marks and citation omitted)).

{¶3} Accordingly, we affirm the district court's order granting summary judgment and denying Plaintiff's motion for reconsideration.

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{¶4} IT IS SO ORDERED.

WE CONCUR: EMILES HANISEE, CHIEF JUDGE, ZACHARY A. IVES,...

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