CURBELLO v. VAUGHN

No. 7782.

417 P.2d 881 (1966)

76 N.M. 687

Iva Lee CURBELLO, Plaintiff-Appellant, v. Vivian Margarite VAUGHN, Individually and as Executrix of the Last Will and Testament of Edna Baker Rice, deceased, Belle Rizzuto, Clyde H. Hurley, E.J. Hurley, Emil Hurley and Hazel Thorpea, Defendants-Appellees.

Supreme Court of New Mexico.

September 6, 1966.


Attorney(s) appearing for the Case

E.P. Ripley, Zinn & Donnell, Santa Fe, for appellant.

Hart & Brockman, Tucumcari, for appellees.


OPINION

COMPTON, Justice.

A basic jurisdictional question, not raised by the parties, is presented by the record on appeal. At the conclusion of the hearing on the merits, the trial court entered its decision which included its findings of fact and conclusions of law. No final judgment was entered therein carrying into effect the decision of the court; however, the appeal is taken from the decision of the court. Clearly, the trial court retains exclusive...

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