STATE POLICE DEPT. v. ONE 1984 PONTIAC

No. 10634.

801 P.2d 667 (1990)

111 N.M. 85

STATE of New Mexico, ex rel. the NEW MEXICO STATE POLICE DEPARTMENT, Plaintiff-Appellee, v. ONE 1984 PONTIAC 6000, BLUE 4-DOOR BEARING CALIFORNIA LICENSE NO. 1JKB811, VIN NO.: 2G2AF19XOE1239511; and $87,000 United States Currency, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted September 6, 1990.


Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Albert Roland Fugere, Sp. Asst. Atty. Gen., Deputy Counsel, Dept. of Public Safety, Santa Fe, for plaintiff-appellee.

Ronald J. VanAmberg, Roth, VanAmberg, Gross, Amarant & Rogers, Santa Fe, for defendants-appellants.


OPINION

APODACA, Judge.

Defendant Jorge Arias appeals the trial court's denial of his motion to set aside a default judgment forfeiting an automobile and United States currency. Four issues are raised on appeal: (1) whether the removal of the res has deprived this court of jurisdiction; (2) whether defendant's counsel's actions before default judgment was entered constituted an appearance entitling defendant to a three-day notice under SCRA 1986, 1-055(B...

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