A-1-CA-37689•May 1, 2019- Katherine L. Cowley v. William Cowley, No. A-1-CA-37689
May 1, 2019- Katherine L. Cowley v. William Cowley, No. A-1-CA-37689
A-1-CA-37689Nmctapp
Texte intégral
1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 KATHERINE L. COWLEY,
3 Petitioner-Appellee,
4 v. No. A-1-CA-37689
5 WILLIAM COWLEY,
6 Respondent-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY
8 Mary W. Rosner, District Judge
9 Bates Law Firm
10 Lloyd 0. Bates, Jr.
11 Las Cruces, NM
12 for Appellee
13 Sarah Van Cott
14 Las Cruces, NM
15 for Appellant
16 MEMORANDUM OPINION
17 M. ZAMORA, Chief Judge.
18 {l} Respondent has appealed following the entry of a final decree of dissolution
19 of marriage. We previously issued a notice of proposed summary disposition in which
20 we proposed to vacate arid remand for further proce~dings. Petitioner has filed a
Court of Appeals of New Mexico
Filed 5/1/2019 1:06 PM
Mark Reynolds1 responsive memorandum. After due consideration, we adhere to our initial
2 assessment. We therefore vacate in part, and remand for further proceedings.
3 {2} The pertinent background information was previously set forth in the notice of
4 proposed summary disposition. We will avoid undue reiteration here, focusing instead
5 on the content of the responsive memorandum.
6 {3} First and foremost, we understand Petitioner to contend that the unchallenged
7 aspects of the final decree, concerning child custody, communication, child support,
8 healthcare, financial disclosures, the restoration of Petitioner's name, and
9 indemnification, inter alia, should be left intact. [MIO 1-3] Succinctly stated, we
10 agree.
11 {4} Next, we understand Petitioner to suggest that we 'dismiss' the questions and
12 concerns relative to the disposition of the proceeds of the sale of the marital residence
13 which are the object of Respondent's appeal and the subject of our notice of proposed
14 summary disposition, because Respondent failed to present or specifically request
15 findings of fact and conclusions oflaw. [MIO 2-3] However, this does not operate as
16 a bar to appellate review. See, e.g., Jury v. Jury, 2017-NMCA-036, ,-r 27, 392 P.3d
17 242 (commenting upon the "notable absence of findings of fact and conclusions of
·1s law supporting the district court's ruling[,]" and observing that although neither of
19 the parties submitted proposed findings and conclusions, appellate review was not
21 precluded). "[W]here the record is sufficiently clear to allow the appellate court to
2 clearly understand which issues were raised and argued to the trial court, and not
3 abandoned, the appellate court may address these issues on their merits." Cordova v.
4 Taos Ski Valley, Inc., 1996-NMCA-009, 114, 121 N.M. 258, 910 P.2d 334,339. As
5 described at greater length in the notice of proposed summary disposition, the issue
6 raised by Respondent on appeal was obviously raised below and not abandoned. We
7 therefore decline Petitioner's invitation to dismiss the appeal. [MIO 3]
8 {5} Accordingly, for the reasons previously stated, we conclude that the portion of
9 the decree .which concerns the disposition of the proceeds of the sale of the marital
10 residence must be vacated. However, we clarify that other unchallenged aspects of
11 the final decree should remain undisturbed. We therefore partially vacate the decree,
12 and remand for .further proceedings on the aforementioned issue.
13 {6}
14
15
IT IS SO ORDERED.
16 WE CONCUR:
19 ~>59120 JEI?L.ATTREP, Jud
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