CORUM v. ROSWELL SENIOR LIVING, LLC

No. 28,314.

248 P.3d 329 (2010)

2010-NMCA-105

Sherri CORUM, as Personal Representative of the wrongful death beneficiaries of Mary Jo Hebert, deceased, Plaintiff-Appellee, v. ROSWELL SENIOR LIVING, LLC, d/b/a Roswell Senior Living Community, a/k/a La Villa, Sunwest Management, Inc., Jon M. Harder, Darryl E. Fisher, Divine Investments, LLC, The Fisher Joint Revocable Trust, Diedra J. Duvall, Administrator, and Does 1 through 100, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied, October 15, 2010, No. 32,612.


Attorney(s) appearing for the Case

Harvey Law Firm, LLC, Dusti D. Harvey , Feliz A. Rael , Jennifer J. Foote , Albuquerque, NM, for Appellee.

Keleher & McLeod, P.A., Thomas C. Bird , Spring V. Schofield , Kathleen M. Wilson , Albuquerque, NM, for Appellants.

AARP Foundation, Kelly Bagby , Washington, DC, Doerr & Knudson P.A., Randy Knudson, Portales, NM, for Amicus Curiae, AARP.


OPINION

ROBLES, Judge.

{1} Roswell Senior Living, LLC, d/b/a Roswell Senior Living Community, a/k/a La Villa, Sunwest Management, Inc., and other investors (collectively, Defendants) appeal from the district court's denial of a motion to compel arbitration. On appeal, we are asked to clarify the authority of surrogacy within the context of the New Mexico Health-Care Decisions Act (the Act), NMSA 1978, §§ 24-7A-1 to -18 (1995, as amended...

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