MORRIS v. GIANT FOUR CORNERS INC 7251 (2021)

United States Court of Appeals, Tenth Circuit.

Franklin J. MORRIS, as personal representative of the wrongful death estate of Marcellino Morris, Jr. (deceased), Plaintiff - Appellant, v. GIANT FOUR CORNERS, INC., d/b/a Giant #7251, Defendant - Appellee.

No. 19-2071

Decided: August 16, 2021

Before PHILLIPS, BALDOCK, and MORITZ, Circuit Judges.

Zackeree S. Kelin, Davis Kelin Law Firm, Sean P. McAfee, Sean P. McAfee Law Office, Albuquerque, NM, for Plaintiff – Appellant. Andrew G. Schultz, Esq. Rodey Dickason Sloan Akin & Robb NM, Albuquerque, NM, for Defendant – Appellee.

ORDER AND JUDGMENT *

This matter is before the court on the parties’ Joint Motion to Dismiss Appeal and Remand Proceedings to District Court. The parties ask us to reverse the judgment of the district court and remand for proceedings consistent with the New Mexico Supreme Court's answer to the question of state law that we certified on November 1, 2019.

Upon consideration, the motion is granted as follows. The judgment of the district court is reversed, and this matter is remanded for further proceedings consistent with the New Mexico Supreme Court's decision in Franklin J. Morris v. Giant Four Corners, Inc., No. S-1-SC-37997, ––– P.3d ––––, 2021 WL 3046715 (N.M. July 19, 2021).

The Clerk shall issue the mandate forthwith.

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