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HOWELL v. ANAYA

No. 7907.

698 P.2d 453 (1985)

102 N.M. 583

Jaime HOWELL, Plaintiff-Appellant, v. Toney ANAYA, et al., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied April 10, 1985.

Attorney(s) appearing for the Case

Antonio V. Silva, Rallis, Silva & Silva, P.C., El Paso, for plaintiff-appellant.

Barbara Albin, Margaret E. Davidson, Keleher & McLeod, P.A., Albuquerque, for defendants-appellees.

OPINION

WOOD, Judge.

The complaint seeking damages was filed May 29, 1980. The trial court dismissed the complaint with prejudice on April 12, 1984. The dismissal was pursuant to NMSA 1978, Civ.P. Rule 41(e) (Repl.Pamp. 1980), and not pursuant to the trial court's "inherent power to dismiss a cause for failure of prosecution." Smith v. Walcott, 85 N.M. 351, 354, 512 P.2d 679 (1973)...

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