AEI Net Lease Income & Growth Fund v. Benson

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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 2 3 4 5 6 7 8 9 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO AEI NET LEASE INCOME & GROWTH FUND XX, Limited Partnership; GLENN FRESE, Successor Trustee of the Simcoe Trust; HIGHGROVE CONSULTING AGENCY, INC.; and JOAN KOLLER, Trustee of the Joan Koller Trust, Plaintiffs-Appellees, 10 v. No. A-1-CA-36796 11 MARK A. BENSON, Trustee of the Mark 12 A. Benson Living Trust, 13 Defendant-Appellant. 14 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 15 Nancy Jean Franchini, District Judge 16 Leslie McCarthy Apodaca 17 Albuquerque, NM. 18 for Appellees 19 Fuqua Law & Policy, PC 20 Scott Fuqua 21 Santa Fe, NM 22 for Appellant 1 MEMORANDUM OPINION 2 VIGIL, Judge. 3 {1} Summary affirmance was proposed for the reasons stated in the notice of 4 proposed summary disposition. No memorandum opposing summary affirmance has 5 been filed and the time for doing so has expired. 6 {2} AFFIRMED. 7 {3} IT IS SO ORDERED. 8 9 _______________________________ MICHAEL E. VIGIL, Judge 10 WE CONCUR: 11 _________________________________ 12 LINDA M. VANZI, Chief Judge 13 _________________________________ 14 DANIEL J. GALLEGOS, Judge 2

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