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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 AFSCME LOCAL 2499,
3 Plaintiff-Appellant,
4 v. NO. 34,431
5 BOARD OF COUNTY COMMISSIONERS
6 OF BERNALILLO COUNTY,
7 Defendant-Appellee.
8 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
9 Beatrice J. Brickhouse, District Judge
10 Youtz & Valdez PC
11 Shane C. Youtz
12 Stephen Curtice
13 James A. Montalbano
14 Albuquerque, NM
15 for Appellant
16 Bernalillo County Attorney’s Office
17 Randy Autio
18 Michael I. Garcia
19 Albuquerque, NM
20 for Appellee
21 MEMORANDUM OPINION
1 GARCIA, Judge.
2 {1} Plaintiff-Appellant AFSCME Local 2499 (the Union) appeals from the district
3 court’s order dismissing its petition for enforcement of a grievance between itself and
4 the Defendant-Appellee Board of County Commissioners of Bernalillo County (the
5 County). This Court issued a notice proposing to affirm the district court’s dismissal.
6 Following the Union’s filing of a memorandum in opposition, this Court issued a
7 second notice proposing to reverse. The County filed a memorandum in opposition,
8 which we duly considered. Unpersuaded, we reverse.
9 {2} In this Court’s second notice of proposed disposition we recognized that, even
10 if the district court lacked jurisdiction under the Uniform Arbitration Act to enforce
11 the Union’s grievance disposition, the district court has general jurisdiction to enforce
12 the grievance if the Union’s petition raised matters of common law or equity. See
13 Moriarty Mun. Sch. v. Pub. Sch. Ins. Auth., 2001-NMCA-096, ¶ 29, 131 N.M. 180,
14 34 P.3d 124 (stating district courts are courts of general jurisdiction with authority
15 over matters of common law and equity). [2d CN 2–3] In proposing to reverse, we
16 noted New Mexico’s liberal notice pleading standards and that the County’s response
17 to the Union’s petition specifically addressed the enforceability of the grievance claim
18 as a contract. [RP 21; 2d CN 3–4]
19 {3} The County does not argue the Union’s petition did not meet our notice
2
1 pleading standards or that the County lacked notice of a potential breach of contract
2 or other common law claim. Instead, the County asks this Court to consider for the
3 first time the substantive arguments in its response below and to affirm the district
4 court’s dismissal under a right-for-any-reason analysis. [MIO 1–2] “Our courts have
5 repeatedly held, in summary calendar cases, the burden is on the party opposing the
6 proposed disposition to clearly point out errors in fact or law.” Hennessy v. Duryea,
7 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683. Therefore, because the County
8 has failed to respond to this Court’s proposed conclusion that the Union’s petition met
9 our notice pleading standard, we rely on the analysis contained in our second notice
10 of proposed disposition and conclude the Union’s petition was sufficient to invoke the
11 district court’s jurisdiction over common law claims.
12 {4} To the extent the County requests this Court apply a right-for-any-reason
13 analysis, we note this Court “will not assume the role of the trial court and delve into
14 fact-dependent inquiries.” Meiboom v. Watson, 2000-NMSC-004, ¶ 20, 128 N.M. 536,
15 994 P.2d 1154 (alterations, internal quotation marks, and citation omitted). Because
16 we believe there are fact issues inherent in resolving the grounds for dismissal
17 articulated by the County below, we decline to engage in such a review. Rather, we
18 reverse the district court’s ruling and remand for consideration of the County’s
19 arguments in the first instance.
3
1 {5} Accordingly, we reverse and remand for further proceedings.
2 {7} IT IS SO ORDERED.
3 ________________________________
4 TIMOTHY L. GARCIA, Judge
5 WE CONCUR:
6 _______________________________
7 LINDA M. VANZI, Judge
8 _______________________________
9 J. MILES HANISEE, Judge
4