[Download] "Martinez v. Sedillo" by In the Court of Appeals of the State of New Mexico " eBook PDF Kindle ePub Free
eBook details
- Title: Martinez v. Sedillo
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 18, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
OPINION ¶1 In this appeal, we address the jurisdiction of the metropolitan court under the Mobile Home Park Act (MHPA), NMSA 1978, §§ 47-10-1 to 47-10-23 (1983, as amended through 1997). Petitioner Yvonne Martinez rented a mobile home lot in a mobile home park in Albuquerque. The landlord brought an action to terminate Petitioner's rental agreement by filing a notice of termination of the rental agreement in metropolitan court. The metropolitan court, through Judge Frank Sedillo, Respondent, concluded that the landlord had not provided Petitioner proper notice to terminate the rental agreement, but without request by the landlord, enjoined Petitioner from having social gatherings or guests and from consuming alcoholic beverages on the premises. The metropolitan court based its jurisdiction on both the MHPA and the Uniform Owner-Resident Relations Act (UORRA), NMSA 1978, §§ 47-8-1 to 47-8-52 (1975, as amended through 1999). Petitioner filed a petition for a writ of mandamus in district court to restrict the metropoltan court's order because it lacked jurisdiction to issue an injunction. The district court concluded that the metropolitan court had jurisdiction and denied the petition, also relying on the MHPA and the UORRA. We hold that the metropolitan court has jurisdiction under the MHPA to issue an injunction to enjoin a party to a mobile home lot rental agreement from violating the rental agreement or the MHPA and affirm. We do not address the issue of jurisdiction under the UORRA.