KYSAR v. BP AMERICA PRODUCTION CO.

No. 29,756.

273 P.3d 867 (2012)

2012-NMCA-036

Raymond L. KYSAR, Patsy Sue Kysar, and The Kysar Family Trust, Plaintiffs-Appellants, v. BP AMERICA PRODUCTION COMPANY, f/k/a Amoco Production Company, Defendant-Appellee. and William Karl Johnson and Mary M. Johnson, his wife, and all of their heirs and successors known and unknown, BP, the heirs and successors of Maude Keys, including, but not limited to Olie Mae McCoy, Laura A. Tovey, Clarence Riddle, Eugene Riddle, Joyce (Joy) Riddle Lee and Tommy Ralph Riddle, Ben Case, Henry and Georgia Knowlton; Onofre R. Jaquez and Alvina Jaquez, his wife, and all of their heirs and successors, known and unknown; Coleman Oil & Gas, Inc.; William Holmberg and Joyce Holmberg, his wife, Shirley M. Holmberg, and unknown Entities A-Z; John Does I-X (as yet unidentified agents, employees or contractors of BP America Production Company, BP, or unknown entities A-Z, who have trespassed on the Kysar Ranch); and all other persons unknown, claiming any right, title, estate, lien, easement, or interest in the real property described in the complaint adverse to Plaintiffs' ownership, or any cloud on Plaintiffs' title thereto, Defendants.

Court of Appeals of New Mexico.

January 19, 2012.


Attorney(s) appearing for the Case

Victor R. Marshall & Associates, P.C., Victor R. Marshall , Albuquerque, NM, for Appellants.

Holland & Hart, LLP, Bradford C. Berge , Jacqueline E. Davis , Santa Fe, NM, for Appellee.


OPINION

VIGIL, Judge.

{1} This case presents us with an issue of first impression: whether a plaintiff may appeal from a stipulated directed verdict when the parties have stipulated that the plaintiff cannot make a prima facie case due to in limine rulings made by the district court, the plaintiff reserves the right to appeal the in limine rulings, and the district court approves the stipulation. Answering this question in the affirmative, we...

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