BERNIER v. BERNIER EX REL. BERNIER

No. 31,607.

305 P.3d 978 (2013)

2013-NMCA-074

Ronald BERNIER, as personal representative of the Estate of Therese Bernier, Deceased and as Trustee of the Therese Bernier Trust, Plaintiff-Appellant, v. Harold BERNIER, deceased, represented by William Douglas BERNIER, as substitute representative, Defendant-Appellee.

Court of Appeals of New Mexico.

May 23, 2013.


Attorney(s) appearing for the Case

Ilyse D. Hahs , Attorney at Law, LLC, Ilyse Hahs-Brooks , G. Holdt Garver Chartered, G. Holdt Garver , L. Helen Bennett , Albuquerque, NM, for Appellant.

Cuddy & McCarthy, LLP, Aaron J. Wolf , Y. Jun Roh , Santa Fe, NM, for Appellee.


OPINION

SUTIN, Judge.

{1} In this case, the district court assessed a sanction under Rule 1-011 NMRA against the named Plaintiff, Therese Bernier (Mrs. Bernier), where her son, Ronald Bernier (Ronald), acting as Mrs. Bernier's attorney in fact, commenced and prosecuted a lawsuit that lacked good ground. Within that context, we are called upon to determine whether the district court erred in sanctioning Mrs. Bernier under Rule 1-011 in the amount...

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