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MYERS v. KAPNISON

No. 4058.

598 P.2d 1175 (1979)

93 N.M. 215

Patricia MYERS, next friend of Billy White, Plaintiff-Appellant, v. Nick P. KAPNISON and George Manjoros, Defendants-Appellees.

Court of Appeals of New Mexico.

July 12, 1979.

Attorney(s) appearing for the Case

Ronald T. Taylor, Wollen & Segal, P.C., Albuquerque, for plaintiff-appellant.

William C. Marchiondo, Marchiondo & Berry, P.A., Albuquerque, for defendants-appellees; M. Terrence Revo, Albuquerque, of counsel.

OPINION

WOOD, Chief Judge.

We granted an interlocutory appeal under § 39-3-4, N.M.S.A. 1978 to review the trial court's order striking plaintiff's jury demand. We hold that the jury demand was waived because not timely filed under Rule of Civ.Proc. 38. We also hold the trial court did not err in refusing to order a jury trial under Rule of Civ.Proc. 39(a).

The complaint was filed October 17, 1978. The attorney for defendants accepted service...

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