Mehner v. Hassell

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This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 KARL E. MEHNER and FRANCES J. 3 MEHNER, Husband and Wife, 4 Plaintiffs-Appellants, 5 v. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 No. 33,705 GERALD HASSELL, and/or his successor, Individually, and in his official capacity as PRESIDENT, and BANK OF NEW YORK, an ens legis being used to conceal fraud; 7 CEDAR LANE, SANDIA PARK, BERNALILLO, COUNTY, NEW MEXICO; ALL PERSONS CLAIMING BY, THROUGH OR UNDER SUCH PERSONS; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE ACTION ADVERSE TO TITLEHOLDERS’ TITLE THERETO; and JOHN AND JANE DOES (Investors) 1 to 20, XYZ CORPORATIONS 1-10, Inclusive, 20 Defendants-Appellees, 21 and 22 ROBERT K. GOULDING and 23 BARBARA M. GOULDING, 24 Defendants. 25 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 26 Clay Campbell, District Judge 1 Karl E. Mehner 2 Frances J. Mehner 3 Albuquerque, NM 4 Pro Se Appellants 5 6 7 8 Modrall, Sperling, Roehl, Harris & Sisk, P.A. William R. Keleher Allison L. Biles Albuquerque, NM 9 for Appellees 10 Joseph L. Werntz 11 Albuquerque, NM 12 for Defendants 13 MEMORANDUM OPINION 14 FRY, Judge. 15 {1} Summary dismissal was proposed for the reasons stated in the calendar notice. 16 No memorandum opposing summary dismissal has been filed, and the time for doing 17 so has expired. Dismissed. 18 19 20 IT IS SO ORDERED. CYNTHIA A. FRY, Judge 2 1 WE CONCUR: 2 3 RODERICK T. KENNEDY, Chief Judge 4 5 JONATHAN B. SUTIN, Judge 3

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