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WEISS v. THI OF NEW MEXICO AT VALLE NORTE

No. 30,296.

301 P.3d 875 (2012)

2013-NMCA-054

Rochelle WEISS, as Personal Representative for the Wrongful Death Beneficiaries of Florence Zuckerman, deceased, Plaintiff-Appellee, v. THI OF NEW MEXICO AT VALLE NORTE, LLC; THI of New Mexico, LLC; THI of Baltimore, Inc.; Fundamental Administrative Services, LLC; Fundamental Clinical Consulting, LLC; and Jimmy D. Melton, administrator, Defendants-Appellants.

Court of Appeals of New Mexico.

December 26, 2012.

Attorney(s) appearing for the Case

Harvey Law Firm, Dusti D. Harvey , Jennifer J. Foote , Albuquerque, NM, The Sorey Law Firm, PLLC, R. Daniel Sorey , Longview, TX, for Appellee.

Proctor & Associates, P.C., Lori D. Proctor , Serpe, Jones, Andrews, Callender & Bell, PLLC, John S. Serpe , Randall Jones , Houston, TX, for Appellants.

OPINION

CASTILLO, Chief Judge.

{1} A nursing home and its affiliates and administrator (Defendants) appeal from a district court decision denying their motion to compel arbitration and stay proceedings. The court based its denial on its conclusion that Defendants waived their right to arbitrate and that the arbitration agreement is unconscionable. Defendants also appeal the imposition of $25,000 in sanctions against them. The parties have resolved...

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