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BAKER v. SOJKA

No. 7487.

396 P.2d 195 (1964)

74 N.M. 587

Martha E. BAKER, Plaintiff-Appellant, v. Violet R. SOJKA, Defendant-Appellee.

Supreme Court of New Mexico.

October 26, 1964.

Attorney(s) appearing for the Case

John Hogan Stewart, Albuquerque, Annette Reese Quintana, Santa Fe, for appellant.

J.L. Leftow, Sutin & Jones, Albuquerque, for appellee.

CARMODY, Justice.

Plaintiff appeals from the trial court's order dismissing her complaint with prejudice.

Prior to any discussion of the merits of the appeal, we will dispose of a motion to dismiss grounded upon plaintiff's failure to comply with rule 5(5) (§ 21-2-1(5) (5), N.M.S.A. 1953) in her notice of appeal.

The notice of appeal stated, "Plaintiff hereby gives notice that she is taking appeal in...

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