ARMIJO v. ARMIJO

No. 5528.

650 P.2d 40 (1982)

98 N.M. 518

Julian ARMIJO, Plaintiff-Appellee, v. Felix ARMIJO, Defendant-Appellant.

Court of Appeals of New Mexico.

August 5, 1982.


Attorney(s) appearing for the Case

Alfred M. Carvajal, Alfred M. Carvajal, P.A., Albuquerque, for defendant-appellant.

Jeffrey J. Dempsey, Philip B. Davis, Davis & Dempsey, Albuquerque, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Plaintiff filed an assault and battery complaint against defendant, his brother, on July 23, 1979. Defendant failed to answer, although service upon him was allegedly made. On June 9, 1980, the summons, motion for default, and certificate as to state of the record were filed with the Clerk of the Court. A default judgment was entered the same day, awarding plaintiff $15,000 compensatory damages.

On August 11, 1981, defendant...

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