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PRIETO v. HOME ED. LIVELIHOOD PROGRAM

No. 4455.

616 P.2d 1123 (1980)

94 N.M. 738

Pedro PRIETO et al., Plaintiffs-Appellees, v. HOME EDUCATION LIVELIHOOD PROGRAM (H.E.L.P), Defendant and Third-Party Plaintiff-Appellant, v. KEETH GAS COMPANY and Artesia Plumbing and Heating Company, Third-Party Defendants-Appellants.

Court of Appeals of New Mexico.

August 12, 1980.

Attorney(s) appearing for the Case

John M. Wells, Amanda J. Ashford, Ruud & Wells, P.A., Albuquerque, for third-party defendants-appellants.

Carl H. Esbeck, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant and third-party plaintiff-appellant, H.E.L.P.

Richard E. Ransom, P.A., William G. Gilstrap, Smith, Ransom & Gilstrap, Albuquerque, for plaintiffs-appellees.

OPINION

WALTERS, Judge.

The sole issue in this interlocutory appeal is whether the New Mexico statutes require dismissal of a suit if plaintiff fails to immediately serve the complaint upon issuance of process. We hold that even though service could have been accomplished earlier, our statutes do not require dismissal when delay in service alone is the basis of the motion to dismiss.

Plaintiff filed his complaint on November 8, 1977, the last day...

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