Legal Opinion

Losey v. Norwest Bank of New Mexico, N.A.

New Mexico Court of Appeals

Decided September 10, 2003No. 22,697PublishedCited by 15 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} This appeal presents us with questions regarding approval of a mediated settlement of a derivative action brought by one beneficiary against a trust with four beneficiaries. The mediated settlement provides for distribution of all settlement proceeds to the one plaintiff beneficiary. Based on the particular facts of this case, we affirm the trial court’s approval of the settlement.

I. BACKGROUND

{2} We begin by identifying the parties to this case. Laree Perez Losey (Perez Losey), is the widow of Jerry B. Losey (Losey), who died in a plane crash in June 1996. Perez…

2Cases cited20 opinions

  1. Rutter & Wilbanks Corp. v. Shell Oil Co.Court of Appeals for the Tenth Circuit · 2002
  2. Sims v. SimsNew Mexico Supreme Court · 1996
  3. Ellen Jones, Leo P. Portnoy, Applicant-In-Intervention-Appellant v. Nuclear Pharmacy, Inc., a New Mexico Corporation, and Robert Lee SanchezCourt of Appeals for the Tenth Circuit · 1984
  4. Gottlieb v. WilesCourt of Appeals for the Tenth Circuit · 1993
  5. Kayes v. Pacific Lumber Co.Court of Appeals for the Ninth Circuit · 1995

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3Cited by15 opinions

  1. Hill v. Vanderbilt Capital Advisors, LLCDistrict Court, D. New Mexico · 2011
  2. Murken v. Solv-Ex Corp.New Mexico Court of Appeals · 2005
  3. Deutsche Bank National Trust Co. v. Beneficial New Mexico Inc.New Mexico Court of Appeals · 2014
  4. Citizen Action v. Sandia Corp. ex rel. Sandia National LaboratoriesNew Mexico Court of Appeals · 2007
  5. State ex rel. State Engineer v. San Juan Agricultural Water Users Ass'New Mexico Court of Appeals · 2018

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