Legal Opinion
Blackwell v. Lurie
New Mexico Court of Appeals
Decided April 30, 2003No. 22,422PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WECHSLER, Chief Judge.
{1} Robert Blackwell, liquidating trustee in bankruptcy (the Liquidating Trustee), appeals from an order of the district court quashing his petition for writ of execution. Pursuant to our conflict of laws rule, we conclude that Missouri law governs the characterization of the property at issue and that Ronald and Nancy Lurie (the Luries) hold the property as tenants by the entirety. In addition, we conclude that because the deficiency judgment is the separate debt of Ronald Lurie, the district court properly quashed the petition for writ of execution. We therefore…
2Cases cited19 opinions
- Public Service Co. v. Diamond D Construction Co.New Mexico Court of Appeals · 2001
- In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
- Swink v. FingadoNew Mexico Supreme Court · 1993
- McDonald v. SennNew Mexico Supreme Court · 1949
- State Farm Mutual Automobile Insurance v. Ballard Ex Rel. BallardNew Mexico Supreme Court · 2002
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3Cited by3 opinions
- National Bank of Arizona v. MooreNew Mexico Court of Appeals · 2005
- Ferrell v. Allstate InsuranceNew Mexico Court of Appeals · 2006
- Ferrell v. Allstate Insurance Co.New Mexico Court of Appeals · 2007