MOORE v. SUSSMAN

No. 11790.

582 P.2d 1283 (1978)

92 N.M. 70

Arthur W. MOORE, Jr., Shirley Ann Noah, Howard J. Edwards and Mary C. Martin, Plaintiffs-Appellees, v. Sherry E. SUSSMAN, Laura E. Staley and Barbara Edwards, Defendants-Appellants.

Supreme Court of New Mexico.

August 16, 1978.


Attorney(s) appearing for the Case

Gordon H. Schnaufer, Ruidoso, for defendants-appellants.

Bill G. Payne, Carrizozo, for plaintiffs-appellees.


OPINION

SOSA, Justice.

This cause presents the question of whether or not the trial court after appointing commissioners in an action for partition, pursuant to § 22-13-1 et seq., N.M.S.A. 1953, may contravene the recommendation from the commissioners without first filing findings of fact and conclusions of law expressing the reasons for not following such recommendation. We vacate the trial court's order and remand the cause to it to enter proper...

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