EDWIN SMITH, LLC v. CLARK

Nos. 28,248; 28,263.

247 P.3d 1134 (2010)

2011-NMCA-003

EDWIN SMITH, LLC, a New Mexico limited liability company, and Jerry T. Walmsley, trustee of the June Walmsley Bypass Trust under the Will of June H. Walmsley dated April 7, 1992, Plaintiffs-Appellees, v. Kristi CLARK, F. Kevin Kurtz, and F. Norman Kurtz, Defendants-Appellants, and Edwin Smith, LLC, a New Mexico limited liability company, and Jerry T. Walmsley, trustee of the June Walmsley Bypass Trust under the Will of June H. Walmsley dated April 7, 1992, Plaintiffs-Appellees, v. Synergy Operating, LLC, a New Mexico limited liability company, Annemarie Keller, Charla Varner; Jodie Yates-Simon; Kimberly Brautigam; Robert E. Kouns; and Therolyn K. Williams, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, December 20, 2010, No. 32,707.


Attorney(s) appearing for the Case

Sutin, Thayer & Browne, P.C., C. Shannon Bacon , Kerry Kiernan , Derek V. Larson , Albuquerque, NM, Montgomery & Andrews, PA, J. Scott Hall , Santa Fe, NM, for Appellees.

Finch & Olson PA, Kyle M. Finch , Farmington, NM, Holland & Hart, LLP, Larry J. Montaño , Santa Fe, NM, for Appellant Synergy Operating, LLC.

Dixon, Scholl & Bailey, P.A., Gerald G. Dixon , Albuquerque, NM, for Appellants Kristi Clark, F. Kevin Kurtz, & F. Norman Kurtz.


OPINION

CASTILLO, Judge.

{1} In this consolidated case, we review the law of joint tenancies in New Mexico as it applies to property in a quiet title action. We also evaluate whether the district court had authority to order proceeds suspended from two wells situated on the property. We affirm the district court's determination as to the quiet title issue, dismiss the proceedings regarding suspension of proceeds for lack of subject matter jurisdiction...

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