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MAYEUX v. WINDER

No. 25,355.

131 P.3d 85 (2005)

139 N.M. 235

2006-NMCA-028

Jerry V. MAYEUX and Sally Brown Mayeux, Plaintiffs-Appellants, v. James R. WINDER and Katrina Erica Winder, Defendants-Appellees.

Court of Appeals of New Mexico.

December 21, 2005.

Attorney(s) appearing for the Case

Hubert & Hernandez, P.A., Beverly J. Singleman, Las Cruces, NM, for Appellants.

Cervantes Moberly, P.C., Joseph Cervantes, Las Cruces, NM, for Appellees.

OPINION

PICKARD, Judge.

{1} In this case, we decide whether the trial court abused its discretion in finding that the managing member of a limited liability land development company (the LLC) did not breach his fiduciary duty to the other members of the LLC. In doing so, we must decide which party should bear the burden of proof in such a case and whether the burden of proof issue was adequately raised below. We...

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