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LOWE v. BLOOM

No. 18799.

798 P.2d 156 (1990)

Elwood L. LOWE, Plaintiff-Appellant, v. Norman D. Bloom, Jr., George E. Fettinger and Fettinger & Bloom, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied August 13, 1990.

Attorney(s) appearing for the Case

Law Systems of Las Cruces, Anthony F. Avallone, Thomas R. Figart, Las Cruces, for plaintiff-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Clifford K. Atkinson, Albuquerque, for defendants-appellees.

OPINION

RANSOM, Justice.

Appeal purportedly was taken to the court of appeals from a summary judgment entered on October 3, 1989. The case subsequently was transferred to this Court pursuant to NMSA 1978, Section 34-5-10 (Repl.Pamp. 1981), which provides for the transfer of misfiled appeals from the court of appeals. Appellees moved to dismiss for jurisdictional defect because appellant failed to properly file notice of appeal with the clerk of the district...

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