A-1-CA-37745•July 18, 2019- Broker Solutions, Inc. v. Patrick J. Archuleta, No. A-1-CA-37745
July 18, 2019- Broker Solutions, Inc. v. Patrick J. Archuleta, No. A-1-CA-37745
A-1-CA-37745Nmctapp
Full text
1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 BROKER SOLUTIONS, INC., 3 d/b/a NEW AMERICAN FUNDING, 4 Plaintiff-Appellee, 5 v. No. A-1-CA-37745 6 PATRICK J. ARCHULETA, 7 Defendant-Appellant, 8 and 9 THE UNKNOWN SPOUSE OF 10 PATRICKJ. ARCHULETA, if any, 11 STATEFARMMUTUAL 12 AUTOMOBILE INSURANCE 13 COMPANY, and WILLIAM BURTON, 14 Defendants. 15 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 16 Jason Lidyard, District Judge 17 Rose L. Brand & Associates, P.C. 18 Eraina M. Edwards 19 Albuquerque, NM 20 for Appellee 21 Patrick J. Archuleta 22 Santa Fe, NM 23 Pro Se Appellant Court of Appeals of New Mexico Filed 7/18/2019 8:39 AM
1 MEMORANDUM OPINION
2 HANISEE, Judge.
3 {t} Patrick J. Archuleta (Defendant) has appealed from an order confirming a
4 judicial sale. We previously issued a notice of proposed summary disposition in
5 which we proposed to affirm. Defendant has filed a memorandum in opposition.
6 After due consideration, we remain unpersuaded. We therefore affirm.
7 {2} To very briefly reiterate the pertinent procedural history, a decree of
8 foreclosure was entered in December 2014. [RP 123] Defendant subsequently moved
9 for relief from that judgment pursuant to Rule 1-060(B) NMRA, which the district
10 court denied. [RP 263-69, 379-81] Defendant appealed from that ruling, contending
11 that Plaintiff had failed to establish its standing. [RP 388-96] We rejected
12 Defendant' s arguments, on grounds that standing cannot be challenged in the first
13 instance on appeal. [RP 401-15] See Deutsche Bank Nat 'l Tru st Co . v. Johnston
14 (Deutsche Bank!!), 2016-NMSC-013 , 134 , 369 P.3d 1046 (" [A] final judgment on
15 ... an action to enforce a promissory note [in a foreclosure case] ... is not voidable
16 under Rule 1-060(B) due to lack of prudential standing."). After mandate issued, the
17 matter proceeded to a sale of the subject property. [RP 411,428,431] Defendant filed
18 objections to the report, which the district court rejected. [RP 438, 482, 85] The
21 instant appeal followed, in which Defendant has once again sought to challenge
2 Plaintiffs standing. [DS 19-22; MIO 1-11]
3 {3} As we previously observed in the notice of proposed summary disposition, [CN
4 3-4] although Defendant was entitled to pursue the instant appeal, the disposition
5 rendered in the course of the previous appeal is law of the case. Accordingly,
6 Defendant's continuing attempts to challenge Plaintiffs standing are foreclosed. See
7 generallyGeretyv. Demers, 1978-NMSC-097, ,35, 92 N.M. 396,589 P.2d 180 ("[A]
8 decision upon a former appeal is binding upon the appellate court on the second
9 appeal[.]"); Ute Park Summer Homes Ass 'n v. Maxwell Land Grant Co.,
10 1972-NMSC-018, , 12, 83 N.M. 558, 494 P.2d 971 ("If an appellate court has
11 considered and passed upon a question of law and remanded the case for further
12 proceedings, the legal question so resolved will not be determined in a different
13 manner on a subsequent appeal."); DiMatteo v. Cty. of Dona Ana ex rel. Bd. ofCty.
14 Comm 'rs, 1989-NMCA-108,, 25, 109 N.M. 374, 785 P.2d 285 ("The doctrine of
15 'law of the case' means that a prior appellate decision is binding."). Defendant's
16 memorandum in opposition wholly fails to address this consideration. We therefore
17 adhere to our initial assessment, and conclude that there is no basis for considering
18 the issues further.
31 {4} Accordingly, for the reasons stated above and in the notice of proposed
2 summary disposition, we affirm.
3 {5}
4
5
IT IS SO ORDERED.
6 WE CONCUR:
9 ~ 'f ellJ10 MEGANP.D~dge
- ./
)'.~
J. MILES HANISEE Judge
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