8 results for 'judge:"Bogardus"'.
J. Bogardus finds the tax hearing officer erroneously determined a portion of the out-of-state business's gross receipts tax was exempt. Although the underlying work was performed in Texas, it included payroll services completed for the benefit of employees in New Mexico and should have been taxed. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 30, 2024, Case #: A-1-CA-40686, Categories: Civil Procedure, Tax
J. Bogardus finds the lower court erroneously denied the New Mexico Racing Commission's motion for summary judgment on the grounds of quasi-judicial immunity. It is a governmental body that acted in a prosecutorial manner during disciplinary proceedings with the horse trainer. Although the trainer claims the proceedings were initiated maliciously in response to statements made against commissioners, nothing in the proceedings was outside the scope of authority granted to the commission. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 16, 2024, Case #: A-1-CA-41120, Categories: Licensing, Immunity
J. Bogardus finds the lower court erroneously granted the school's motion for summary judgment and determined it was entitled to immunity on negligence claims brought by the parents of the child who reinjured a surgically repaired hip on the playground. Deposition testimony of officials indicated the school's safety policies were not properly implemented when the child was allowed to go outside for recess despite doctor's restrictions on any physical activity. The homeroom teacher and other faculty did not receive the medical note from the school nurse, which would allow a reasonable jury to conclude the school created an unsafe condition on property operated by the state and prevent application of immunity. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: January 22, 2024, Case #: A-1-CA-39871, Categories: Education, Tort, Immunity
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J. Bogardus finds the trial court's failure to include the intervening insurer in its ruling on summary judgment renders its decision non-final for the purposes of this appeal. Although the insurer never filed its complaint for declaratory relief after being granted permission to intervene, New Mexico law requires the adjudication of the rights and liabilities of all parties prior to any appeals.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: September 18, 2023, Case #: A-1-CA-40161, Categories: Civil Procedure, Jurisdiction
J. Bogardus finds the lower court properly granted the business owner's motion for summary judgment on a contract claim. Under precedent from the New Mexico Supreme Court, cohabitating couples cannot pool resources, and in the absence of any verbal or written agreement between he and his partner, the partner was not entitled to any portion of the business or income, regardless of how long the couple lived together. However, because text messages established the partner provided administrative services for the business for several years without compensation, the unjust enrichment claim will be reinstated and remanded to the lower court. Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: August 15, 2023, Case #: A-1-CA-40263, Categories: Family Law, Contract
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: Arbitration, Negligence, Wrongful Death