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STATE EX REL. DEPT. OF HUMAN SERV. v. AVINGER

No. 8423.

721 P.2d 781 (1985)

104 N.M. 355

STATE of New Mexico, ex rel. DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v. Kathy Latham AVINGER, Respondent-Appellant.

Court of Appeals of New Mexico.

October 17, 1985.

Attorney(s) appearing for the Case

Barbara L. Shapiro and Sarah Curry Smith, Poole, Tinnin & Martin, P.C., Albuquerque, for respondent-appellant.

Richard J. Rubin, General Counsel, Human Services Dept., Ellen Souberman and John Petoskey, Sp. Asst. Attys. Gen., Santa Fe, for petitioner-appellee.

OPINION

WOOD, Judge.

Proceeding under the Children's Code, NMSA 1978, Sections 32-1-1 to -45 (Repl. Pamp.1981 & Cum.Supp.1985), see Section 32-1-1, the children's court found that Avinger's children had been abandoned and neglected. Section 32-1-3(L)(1) and (2). Avinger contends the evidence of abandonment and neglect was not clear and convincing. She also attacks two evidentiary rulings. We do not decide these issues because two jurisdictional...

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