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TUNIS v. COUNTRY CLUB ESTATES HOMEOWNERS

No. 31,280.

318 P.3d 713 (2013)

2014-NMCA-025

Joe TUNIS, Shirley Wheeler, John Ewert, and Patty Salesses, Plaintiffs-Appellants, and Donna Robbins, Plaintiff, v. COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 34,466, January 23, 2014.

Attorney(s) appearing for the Case

Scott Hulse P.C., R. Glenn Davis , El Paso, TX, for Appellants.

L. Helen Bennett, P.C., L. Helen Bennett , Albuquerque, NM, for Appellee.

OPINION

FRY, Judge.

{1} Plaintiffs appeal from the district court's order dismissing their action under Rule 1-012(B)(6) NMRA for failure to state claims on which relief could be granted. The district court reasoned that, under the doctrine of res judicata, the judgment in an earlier declaratory judgment action precluded Plaintiffs' claims in the present case.1 Because the district court considered matters outside...

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