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CHAVARRIA v. FLEETWOOD RETAIL CORP.

No. 29,246.

143 P.3d 717 (2006)

2006-NMSC-046

Roddie CHAVARRIA and Norma Castaneda, Plaintiffs-Petitioners, v. FLEETWOOD RETAIL CORPORATION of New Mexico, Defendant-Respondent.

Supreme Court of New Mexico.

As Revised October 11, 2006.

Attorney(s) appearing for the Case

Kyle W. Gesswein, Las Cruces, NM, Janet K. Santillanes, Olivia Neidhardt, Feferman & Warren, Richard N. Feferman, Albuquerque, NM, for Petitioners.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Jeffrey M. Croasdell, Albuquerque, NM, for Respondent.

OPINION

CHÁVEZ, Justice.

{1} In this case, it is undisputed that employees of Fleetwood Mobile Homes committed fraud during the sale of a mobile home to Roddie Chavarria and Norma Castaneda (Plaintiffs). It is also undisputed on appeal that Fleetwood failed to deliver the customized mobile home it promised and set up the home it did deliver in an unworkmanlike manner. The district court judge, sitting without a jury, found in favor of Plaintiffs...

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