Boughton v. Sunport Plaza Apartments

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: June 17, 2024

No. S-1-SC-35695

ROBERT M. BOUGHTON and LOUIS
A. HILLE,

Petitioners-Appellants,

v.

SUNPORT PLAZA APARTMENTS/SHC-NM,

Defendant-Appellee.

CERTIFICATION FROM THE COURT OF APPEALS
Carl J. Butkus, District Judge

Robert M. Boughton
Louis A. Hille
Pro se
Albuquerque, NM

for Appellants

Ronald A. Tucker, LLC
Ronald A. Tucker
Albuquerque, NM

for Appellee

DISPOSITIONAL ORDER OF REVERSAL

PER CURIAM.

{1} WHEREAS, on February 15, 2016, the Court accepted certification and held this
matter in abeyance pending this Court’s disposition in Padilla v. Torres, S-1-SC-35619;
{2} WHEREAS, this Court issued an opinion in Padilla on February 5, 2024,
reversing and remanding that matter to the metropolitan court for a new trial, see Padilla
v. Torres, 2024-NMSC-007, ¶ 2, ___ P.3d ___;

{3} WHEREAS, the Court concludes that the issues presented in this matter are
addressed by the Court’s opinion in Padilla;

{4} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B)
NMRA to dispose of this matter by nonprecedential order; and

{5} WHEREAS, the Court having considered the foregoing and being sufficiently
advised;

{6} NOW, THEREFORE, IT IS ORDERED that the Court’s February 15, 2016, order
is WITHDRAWN as to the abeyance; and

{7} IT IS FURTHER ORDERED that the district court is reversed and this matter is
remanded to the metropolitan court for a new trial in accordance with Padilla.

{8} IT IS SO ORDERED.

WE CONCUR:

DAVID K. THOMSON, Chief Justice

MICHAEL E. VIGIL, Justice

C. SHANNON BACON, Justice

JULIE J. VARGAS, Justice

BRIANA H. ZAMORA, Justice