STATE EX REL. HUMAN SERVICES v. AGUIRRE

No. 12086.

797 P.2d 317 (1990)

110 N.M. 528

STATE of New Mexico, ex rel., HUMAN SERVICES DEPARTMENT, in the Matter of MICHAEL R.C., a Child, Petitioner-Appellee, v. Salvador AGUIRRE, Respondent-Appellant.

Court of Appeals of New Mexico.

July 24, 1990.


Attorney(s) appearing for the Case

Elizabeth Cunningham, Sp. Asst. Atty. Gen., Child Support Enforcement Div., Roswell, for petitioner-appellee.

C. Barry Crutchfield, Templeman and Crutchfield, Lovington, for respondent-appellant.


OPINION

APODACA, Judge.

In a paternity proceeding filed in the trial court, the state sought an adjudication that respondent Salvador Aguirre was the father of a child, Michael R.C. On interlocutory appeal, respondent challenges the trial court's denial of his demand for a jury trial. We determine that respondent is not entitled to a jury trial because such right did not exist at common law or by statute at the time the New Mexico Constitution was adopted...

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