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MARTINEZ v. CARMONA

No. 4290.

624 P.2d 54 (1980)

Mary MARTINEZ, Individually and as Personal Representative of Johnny Bernard Martinez, Deceased, Jerry Vigil and Juan Vigil, Individually and as Next Friend of Jerry Vigil, a minor, Plaintiffs-Appellants, v. Transito CARMONA and Eliu E. Romero, Defendants-Appellees, and Diana Vigil, Lillian Vigil and Ralph Vigil, Defendants, Human Services Department, Intervenor.

Court of Appeals of New Mexico.

Rehearing Denied October 10, 1980.

Writ Quashed February 9, 1981.

Attorney(s) appearing for the Case

Robert Dale Morrison, Taos, for plaintiffs-appellants.

Eliu E. Romero, Taos, Pickard & Singleton, Santa Fe, for defendants-appellees.

OPINION

SUTIN, Judge.

After quashing a provisional affidavit of disqualification the District Court granted defendants summary judgment in a motor vehicle collision case. We reverse.

Chronologically, the following events occurred:

(1) On February 1, 1979, plaintiffs' complaint was filed in Taos County. The two resident judges were Joseph E. Caldwell and John B. Wright.

(2) On February 15, 1979, plaintiff, Mary Martinez, filed a "Provisional...

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