{
  "id": 5330301,
  "name": "Leonard OBERMAN, Plaintiff-Appellee, v. Rachel OBERMAN, Defendant-Appellant",
  "name_abbreviation": "Oberman v. Oberman",
  "decision_date": "1971-04-19",
  "docket_number": "No. 9118",
  "first_page": "472",
  "last_page": "473",
  "citations": [
    {
      "type": "official",
      "cite": "82 N.M. 472"
    },
    {
      "type": "parallel",
      "cite": "483 P.2d 1312"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T17:16:32.756560+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "McMANUS and OMAN, JJ\u201e concur."
    ],
    "parties": [
      "Leonard OBERMAN, Plaintiff-Appellee, v. Rachel OBERMAN, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSTEPHENSON, Justice.\nDefendant-appellant (Wife) moved, pursuant to Rule 60(b) of the Rules of Civil Procedure [\u00a7 21-1-1(60) (b), N.M.S.A., 1953], to set aside a paragraph of a certain stipulation which she had entered into with plaintiff-appellee (Husband) and which had subsequently been incorporated into a final decree of divorce. From a judgment denying her motion, Wife appeals.\nDuring the pendency of divorce proceedings between the parties, on December 20, 1967, they entered into a stipulation settling their differences. The stipulation provided, inter alia, that Husband was to transfer to Wife 12,000 shares of the common capital stock of AMREP with an option to pay Wife $60,000 within a stated period and retain the stock. AMREP was then trading on the American Exchange at $12.25 per share.\nThe reasons for the difference in the option price and the market price were a certain restriction on alienation and the fact that the stock was pledged to a New York bank under an arrangement whereby it would not be freed for a year.\nOn the same day, a final decree was entered granting Husband a divorce, finding the stipulation to be fair and equitable, \u25a0approving and confirming it, and incorporating it into the decree.\nAbout one year later, on December 20, 1968, Wife filed her Rule 60(b) motion. It speaks in general terms of fraud and misrepresentation on Husband\u2019s part and his failure to divulge information. Wife further alleged that the offending paragraph was entered into by mistake, though whose mistake and whether of law or of fact is not specified. The theory here is that there was a mutual mistake of law and fact.\nFollowing a hearing, the trial court made \u2022findings of fact. In its finding numbered \u2022eight, it found that Husband\u2019s representations were true and accurate in light of his knowledge at the time of the stipulation; that an agreement effectively restricted disposition of the stock; that he was without \"knowledge of an upcoming secondary offering of the stock; and that he was without knowledge until some months later that as a result of a new loan arrangement the pledge would be released sooner than \"had been contemplated.\nIn its finding numbered twelve the court determined that Husband was not guilty of any fraud, misrepresentation or misconduct; that there was no mistake of fact or law as to the stock and that it would he inequitable to grant to Wife the relief she sought.\nWife\u2019s opening gambit is to wage an attack on the court\u2019s findings eight and 'twelve, asserting that they are unsupported \"by the evidence. Under these circumstances, we are bound to view the evidence, together with all inferences reasonably deducible therefrom, in the light most favorable to support the findings. All evidence unfavorable to the findings must be disregarded and no unfavorable inferences \u25a0will be drawn.\nWe have carefully examined those portions of the record cited by the parties in support of their respective positions. We are persuaded that the findings have substantial support in the evidence, and we so hold.\nIt is therefore unnecessary to consider other points raised by Wife, all of which are predicated upon success in overturning the court's findings, which she has attacked.\nThe judgment of the trial court will be affirmed.\nIt is so ordered.\nMcMANUS and OMAN, JJ\u201e concur.",
        "type": "majority",
        "author": "STEPHENSON, Justice."
      }
    ],
    "attorneys": [
      "Menig, Sager, Parker & Curran, John Henry Lewis, Albuquerque, for defendant-appellant.",
      "Nordhaus & Moses, Thomas J. Dunn, Albuquerque, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "483 P.2d 1312\nLeonard OBERMAN, Plaintiff-Appellee, v. Rachel OBERMAN, Defendant-Appellant.\nNo. 9118.\nSupreme Court of New Mexico.\nApril 19, 1971.\nMenig, Sager, Parker & Curran, John Henry Lewis, Albuquerque, for defendant-appellant.\nNordhaus & Moses, Thomas J. Dunn, Albuquerque, for plaintiff-appellee."
  },
  "file_name": "0472-01",
  "first_page_order": 528,
  "last_page_order": 529
}