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Bishop v. Evangelical Lutheran Good Samaritan Society
State: New Mexico
Court: Court of Appeals
Docket No: 25510
Case Date: 01/10/2008
Plaintiff: Bishop
Defendant: Evangelical Lutheran Good Samaritan Society
Preview:1 BISHOP V. EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, 2008-NMCA-033, 143 N.M. 640, 179 P.3d 1248 SUSAN BISHOP and MARK SKOFIELD, as Class Representatives in their capacities as Personal Representatives of the Estate of RICHARD H. SKOFIELD, Individually and in his capacity as Class Representative, Plaintiffs-Appellants/Cross-Appellees, v. THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, a foreign corporation d/b/a MANZANO DEL SOL GOOD SAMARITAN VILLAGE, Defendants-Appellees/Cross-Appellants.
Docket No. 25,510 COURT OF APPEALS OF NEW MEXICO 2008-NMCA-033, 143 N.M. 640, 179 P.3d 1248 January 10, 2008, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Wendy S. York, District Judge (presiding until appeal), Linda M. Vanzi, District Judge (currently presiding) Certiorari Granted, No. 30,899, February 28, 2008. Released for publication March 11, 2008. COUNSEL Jeffries, Rugge, Rosales, PC, Eric Sedillo Jeffries, Brian A. Thomas, Albuquerque, NM, for Appellants Modrall, Sperling, Roehl, Harris & Sisk, P.A., Martha G. Brown, Albuquerque, NM, Quarles & Brady LLP, Dan Conley, Paul D. Bauer, Milwaukee, WI, for Appellees JUDGES A. JOSEPH ALARID, Judge. WE CONCUR: JONATHAN B. SUTIN, Chief Judge, CELIA FOY CASTILLO, Judge AUTHOR: A. JOSEPH ALARID OPINION

ALARID, Judge. {1} Plaintiffs' motion for rehearing having been granted, the Court's opinion of September 4, 2007, is withdrawn and this opinion substituted in its place. {2} This appeal requires us to construe and apply the Continuing Care Act. The Legislature enacted the Continuing Care Act (CCA) in 1985. 1985 N.M. Laws, ch. 102 (codified at NMSA 1978,
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