Roberts v. Affortable Auto Sales ( 2024 )

This decision of the Supreme Court of New Mexico was not selected for publication in
the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the
citation of unpublished decisions. Electronic decisions may contain computer-
generated errors or other deviations from the official version filed by the Supreme Court.
IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
Filing Date: June 17, 2024
No. S-1-SC-38468
JUSTIN E. ROBERTS,
Plaintiff-Appellee,
v.
AFFORDABLE AUTO SALES,
Defendant-Appellant.
CERTIFICATION FROM THE COURT OF APPEALS
Joshua A. Allison, District Judge
Griego & Guggino
Laurence Paul Guggino, Jr.
Los Lunas, NM
for Appellant
Justin E. Roberts
Pro se
Albuquerque, NM
for Appellee
DISPOSITIONAL ORDER OF REVERSAL
PER CURIAM.
{1} WHEREAS, on February 1, 2022, the Court accepted certification and held this
matter in abeyance pending this Court’s disposition in Padilla v. Torres, No. 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NMRA to dispose of this matter by nonprecedential order; and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 1, 2022, 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WITHDRAWN as to the abeyance; and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
BRIANA H. ZAMORA, Justice