Franklin J. Morris, as personal representative of the wrongful death estate of… v. GIANT FOUR CORNERS, INC., d/b/a Giant 7251

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
FRANKLIN J. MORRIS, as personal
representative of the wrongful death estate
of Marcellino Morris, Jr. (deceased),
Plaintiff - Appellant,
v.
GIANT FOUR CORNERS, INC., d/b/a
Giant #7251,
Defendant - Appellee.
No. 19-2071
(D.C. No. 1:15-CV-00055-JCH-LF)
(D. N.M.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before PHILLIPS, BALDOCK, and MORITZ, Circuit Judges.
_________________________________
This matter is before the court on the parties’ Joint Motion to Dismiss Appeal
and Remand Proceedings to District Court. The parties ask us to reverse the
judgment of the district court and remand for proceedings consistent with the New
Mexico Supreme Court’s answer to the question of state law that we certified on
November 1, 2019.
* In light of the parties’ joint motion, oral argument is not necessary.
Accordingly, the appeal is submitted on the briefs. See Fed. R. App. P. 34(a)(2);
10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under
the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and
10th Cir. R. 32.1.
FILED
United States Court of Appeals
Tenth Circuit
August 16, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 19-2071 Document: 010110562005 Date Filed: 08/16/2021 Page: 1

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Upon consideration, the motion is granted as follows. The judgment of the
district court is reversed, and this matter is remanded for further proceedings
consistent with the New Mexico Supreme Court’s decision in Franklin J. Morris v.
Giant Four Corners, Inc., No. S-1-SC-37997 (N.M. July 19, 2021).
The Clerk shall issue the mandate forthwith.
Entered for the Court
CHRISTOPHER M. WOLPERT, Clerk
by: Jane K. Castro
Chief Deputy Clerk
Appellate Case: 19-2071 Document: 010110562005 Date Filed: 08/16/2021 Page: 2

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