Wolfley v. Real Est. Comm'n, 668 P.2d 303 (N.M. 1983). · Go Syfert
Wolfley v. Real Est. Comm'n, 668 P.2d 303 (N.M. 1983). Cases Citing This Book View Copy Cite
“ijssues not raised in administrative proceedings will not be considered for the first time on appeal.”
107 citation events (33 in the last 25 years) across 3 distinct courts.
Strongest positive: Oden v. STATE, REGULATION & LICENSING DEPT. (nm, 1996-04-26)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 25 distinct citers.
examined Cited as authority (verbatim quote) Oden v. STATE, REGULATION & LICENSING DEPT. (2×) also: Cited as authority (quoted)
N.M. · 1996 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ijssues not raised in administrative proceedings will not be considered for the first time on appeal.
discussed Cited as authority (rule) Paule v. Santa Fe County Board of County Commissioners
N.M. · 2005 · confidence medium
Generally, arguments relating to “theories, defenses, or other objections will not be considered when raised for the first time on appeal.” Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
discussed Cited as authority (rule) Piano v. Premier Distributing Co.
N.M. Ct. App. · 2004 · confidence medium
In support of its argument, Defendant cites Wolfley v. Real Estate Commission, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983), for the proposition that “theories, defenses, or other objections will not be considered when raised for the first time on appeal.” See also Rule 12-216(A) NMRA.
cited Cited as authority (rule) Regents of University of California v. New Mexico Water Quality Control Commission
N.M. Ct. App. · 2004 · confidence medium
State Corp. Comm’n, 110 N.M. 568, 571 , 798 P.2d 169, 172 (1990); Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
examined Cited as authority (rule) New Mexico State Board of Psychologist Examiners v. Land (7×) also: Cited "see"
N.M. Ct. App. · 2002 · confidence medium
The record suggests that the district court was misled by Land’s trial counsel on a point of procedure critical to its appellate jurisdiction. {21} It is fundamental that “issues not raised in administrative [hearings] will not be considered for the first time on appeal.” Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
examined Cited as authority (rule) Mares v. City of Albuquerque (3×) also: Cited "see"
10th Cir. · 1999 · confidence medium
In Wolfley, the New Mexico Supreme Court prevented an appellant from raising a new objection to the adequacy of notice because he had not done so “at the hearing before the [Real Estate] Commission or before [the state] district court.” Wolfley, 668 P.2d at 305 (emphasis added).
cited Cited as authority (rule) Regents of the University of New Mexico v. New Mexico Federation of Teachers
N.M. · 1998 · confidence medium
Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
cited Cited as authority (rule) Fitzhugh v. New Mexico Department of Labor, Employment Security Division
N.M. · 1996 · confidence medium
Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
cited Cited as authority (rule) Dick v. City of Portales
N.M. Ct. App. · 1993 · confidence medium
Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983); Rowley v. Murray, 106 N.M. 676, 679 , 748 P.2d 973, 976 (Ct.App.), cert. denied, 106 N.M. 627 , 747 P.2d 922 (1987).
discussed Cited as authority (rule) Cadle Co., Inc. v. Wallach Concrete, Inc.
N.M. · 1993 · confidence medium
It is clear that “theories, defenses, or other objections will not be considered when raised for the first time on appeal,” Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983), and that our appellate courts will not consider questions on which a ruling by the district court has not been fairly invoked, SCRA 1986, 12-216; In re Will of Skarda, 88 N.M. 130, 136 , 537 P.2d 1392, 1398 (1975).
discussed Cited as authority (rule) Oil Transport Co. v. New Mexico State Corp. Commission
N.M. · 1990 · confidence medium
As stated, the district court declined to hear these issues, first raised on appeal. “[Ijssues not raised in administrative proceedings will not be considered for the first time on appeal.” Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
discussed Cited "see" McCaul v. EAN Holdings LLC (2×)
N.M. Ct. App. · 2018 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 (“[I]ssues not raised in administrative proceedings will not be considered for the first time on appeal.”); Woolwine v. Furr’s, Inc., 1978-NMCA- 133, ¶ 20, 106 N.M. 492 , 745 P.2d 717 (“To preserve an issue for review on appeal, it must appear that [the] appellant fairly invoked a ruling of the [lower] court on the same grounds argued in the appellate court.”). 6 1 B.
discussed Cited "see" Tays v. Tays (2×)
N.M. Ct. App. · 2017 · signal: see · confidence high
See Wolfley v. Real Estate 18 Comm’n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 (“It is well established 19 in this state that theories, defenses, or other objections will not be considered when 6 1 raised for the first time on appeal.”).
discussed Cited "see" Allred v. N.M. Dep't of Transp. (2×)
N.M. Ct. App. · 2016 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 (“[T]heories, defenses, or other objections will not be considered when raised for the first time on appeal.”). {53} In support of their claims, Appellees offered expert witness testimony by Niccoli.
discussed Cited "see" State v. Howl (2×)
N.M. Ct. App. · 2016 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 (“[O]bjections will not be considered when raised for the first time on appeal.”).
discussed Cited "see" State v. Howl (2×)
N.M. Ct. App. · 2016 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 (“[O]bjections will not be considered when raised for the first time on appeal.”).
discussed Cited "see" Herald v. Board of Regents of the University (2×)
N.M. Ct. App. · 2015 · signal: see · confidence high
See Wolfley v. Real Estate Comm'n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 (stating that the appellate courts will not consider theories that are raised for the first time on appeal). {56} As to Plaintiffs contention that the district court erred in failing to instruct the jury in regard to Defendant’s failure to conduct an investigation into the alleged rape and its failure “to respond” to Plaintiff in a particular manner, Plaintiff fails to demonstrate where, in the record, facts to support these instructions were argued before the district court, argued at trial, or supporte…
discussed Cited "see" Herald v. Bd. of Regents of the Univ. of N.M. (2×)
N.M. Ct. App. · 2015 · signal: see · confidence high
See 16 Wolfley v. Real Estate Comm’n, 1983-NMSC-064 , ¶ 5, 100 N.M. 187 , 668 P.2d 303 17 (stating that the appellate courts will not consider theories that are raised for the first 18 time on appeal). 29 1 {56} As to Plaintiff’s contention that the district court erred in failing to instruct the 2 jury in regard to Defendant’s failure to conduct an investigation into the alleged rape 3 and its failure “to respond” to Plaintiff in a particular manner, Plaintiff fails to 4 demonstrate where, in the record, facts to support these instructions were argued 5 before the district court, a…
discussed Cited "see" U S West Communications, Inc. v. New Mexico State Corp. Commission (2×)
N.M. · 1997 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
discussed Cited "see" Matter of Held Orders of US West (2×)
N.M. · 1997 · signal: see · confidence high
See Wolfley v. Real Estate Comm'n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
discussed Cited "see" Las Cruces Professional Fire Fighters v. City of Las Cruces (2×)
N.M. Ct. App. · 1997 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983).
examined Cited "see" Crawford Chevrolet, Inc. v. National Hole-In-One Ass'n (4×)
N.M. · 1992 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983) (matters will not be considered when raised for the first time on appeal).
examined Cited "see" Beneficial Finance Co. v. Alarcon (4×)
N.M. · 1991 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 100 N.M. 187, 189 , 668 P.2d 303, 305 (1983) (theories, defenses or other objections will not be considered when raised for the first time on appeal).
examined Cited "see" National Council on Compensation Insurance v. New Mexico State Corp. Commission (4×)
N.M. · 1988 · signal: see · confidence high
See Wolfley v. Real Estate Comm’n, 100 N.M. 187 , 668 P.2d 303 (1983); Duke City Lumber Co. v. New Mexico Envtl.
examined Cited "see" Varoz v. New Mexico Board of Podiatry (4×)
N.M. · 1986 · signal: see · confidence high
See Wolfley v. Real Estate Commission, 100 N.M. 187 , 668 P.2d 303 (1983); Groendyke Transport, Inc. v. State Corporation Commission, 85 N.M. 718 , 516 P.2d 689 (1973).
Howard F. WOLFLEY, Petitioner-Appellant,
v.
the REAL ESTATE COMMISSION of the State of New Mexico, Respondent-Appellee
14449.
New Mexico Supreme Court.
Aug 17, 1983.
668 P.2d 303
Elvin Kanter, Albuquerque, for petitioner-appellant., Paul Bardacke, Atty. Gen., Serapio Jaramillo, Asst. Atty. Gen., Santa Fe, for respondent-appellee.
Stowers, Sosa, Federici.
Cited by 48 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 66%
Citer courts: New Mexico Supreme Court (1)

OPINION

STOWERS, Justice.

The New Mexico Real Estate Commission (the Commission) held an administrative adjudication to determine whether probable cause existed for the revocation or suspension of Howard F. Wolf ley’s (Appellant’s) license as a real estate salesman. The Commission suspended Appellant’s license for four months. The district court affirmed and Mr. Wolfley appeals. We affirm the district court.

We discuss two issues:

1. Whether Appellant received sufficient notice of the charges against him to allow him due process and time to prepare an adequate defense.

2. Whether there was substantial evidence to support the district court’s decision.

1. Notice

Appellant argues that the Notice of Contemplated Action provided him no notice that either his competence as a real estate salesman or the propriety of his conduct was to be placed in question. Appellant states that because he was notified only that the Commission believed that they had sufficient evidence indicating that he had made “various misrepresentations or untrustworthy statements to the Bodes, that he knew or should have known were such,” he was essentially accused of fraud. As a result, Appellant argues that he did not receive adequate notice of the charges against him.

The record reveals, however, that it was made clear at the beginning of the hearing that the allegations against Appellant included charges of untrustworthiness, impropriety, and dishonesty. Appellant neither requested a continuance nor raised an objection at that time. Furthermore, the notice to Appellant quoted subsections (A), (B), and (K) of Section 61-29-12, the statute governing real estate brokers and salesmen. NMSA 1978, §§ 61-29-1 through 61-29-19 (Repl.Pamp.1979 and Cum.Supp.1982) (effective until July 1, 1984). Any one of the sections could justify disciplinary action against a person licensed as a real estate broker or salesman.

The notice also specified conduct on the part of Appellant considered to be in violation of these subsections. The notice did not simply state that the specific acts alleged constituted misrepresentations but also stated that they constituted incompetent, untrustworthy, or improper behavior on the part of the real estate licensee. Appellant was given notice of the factual basis for the charges against him and an opportunity to rebut those charges at a hearing before any adverse action was taken against him by the Commission. Moreover, Appellant was represented by counsel and had ample time prior to the hearing to raise any objections to the Notice of Contemplated Action or to request that a more definite statement be issued. Additionally, Appellant did not object to the adequacy of the notice either at the hearing before the Commission or before district court. It is well established in this state that theories, defenses, or other objections will not be considered when raised for the first time on appeal. In re Will of Skarda, 88 N.M. 130, 537 P.2d 1392 (1975); Groendyke Transport, Inc. v. New Mexico State Corporation Commission, 85 N.M. 718, 516 P.2d 689 (1973). Similarly, issues not raised in administrative proceedings will not be considered for the first time on appeal. Kaiser Steel Corp. v. Revenue Division, Taxation and Revenue Department, 96 N.M. 117, 628 P.2d 687 (Ct.App.), cert. denied, 96 N.M. 116, 628 P.2d 686 (1981). Appellant has presented no evidence of prejudice or extraordinary circumstances sufficient to justify an exception in his case. Therefore, we find that the notice was sufficient to apprise Appellant of the charges against him.

2. Substantial Evidence

Appellant asserts that the Commission’s decision should be reversed because there was no substantial evidence that Appellant was guilty of fraud. However, the Commission did not find Appellant guilty of fraud, and therefore we find no merit to this argument.

The Commission found that Appellant violated the specific statutory prohibitions against untrustworthy, incompetent, or improper behavior. NMSA 1978, § 61-29-12(B) and (K). Pursuant to its authority, the Commission suspended Appellant’s license on the grounds that he misrepresented to prospective buyers both the size of the property in question and the age of the roof. Moreover, because Appellant was a former owner of the property and the listing salesman, the Commission concluded that Appellant possessed special knowledge relating to the size of the property and the condition of the roof. Furthermore, the Commission found that he had a duty to disclose this special knowledge. We note that on appeal from an order of the district court affirming an order of an administrative agency, this Court will review the record of the administrative hearing to determine if the administrative order was substantially supported by evidence and by applicable law. Grace v. Oil Conservation Commission, 87 N.M. 205, 531 P.2d 939 (1975).

Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Toltec International, Inc. v. Village of Ruidoso, 95 N.M. 82, 619 P.2d 186 (1980). The evidence is to be viewed in the aspect most favorable to the action of the court or commission which is being appealed. Rinker v. State Corporation Commission, 84 N.M. 626, 506 P.2d 783 (1973). The evidence before the Commission supports its conclusion that the Appellant knew or should have known that the property was only .6238 acres rather than plus or minus one acre as it was listed. Furthermore, as regards the roof, Appellant was in possession of the inspection sheet that noted the roof as being approximately eighteen years old. He nevertheless alleged that the roof was only four years old. The argument that resurfacing the roof with a plastic spray constitutes a new roof is not persuasive. There was substantial evidence presented to support the Commission’s finding that the work done could not reasonably be considered a new roof.

We have examined the remaining issues raised by Appellant and find no merit to his contentions.

We agree with the conclusions of the Commission which were affirmed by the district court. The Appellant’s conduct with respect to the lot and roof was incompetent, untrustworthy, and improper.

We therefore affirm the decision of the district court.

IT IS SO ORDERED.

SOSA, Senior Justice, and FEDERICI, J., concur.