BUDAGHER v. AMREP CORP.

No. 5893.

667 P.2d 972 (1983)

100 N.M. 167

John BUDAGHER and Frances D. Budagher, his wife, Plaintiffs-Appellees, v. AMREP CORPORATION, dba Rio Rancho Estates, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Dismissed August 10, 1983.


Attorney(s) appearing for the Case

Ronald C. Morgan, Albuquerque, for plaintiffs-appellees.

Kenneth J. Ferguson, Robert G. McCorkle, Rodey, Dickason, Sloan, Akin & Robb, P.A., Jerrald J. Roehl, Jerrald J. Roehl & Associates, Albuquerque, I. Michael Bayda, Jacobs, Persinger & Parker, New York City, for defendants-appellants.


OPINION

NEAL, Judge.

The defendants contend that reversible error was committed when the plaintiffs' requested instructions were inadvertently submitted to the jury for the first hour of its deliberation. We agree, and reverse.

The case, first tried in 1980, concerns the plaintiffs' claim that the defendants, Amrep Southwest, Inc. and Amrep Corporation, negligently controlled runoff, which caused flood damage to the plaintiff's property. After the...

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