DONA ANA SAV. AND LOAN v. MITCHELL

No. 12051.

829 P.2d 655 (1991)

113 N.M. 576

DONA ANA SAVINGS AND LOAN ASSOCIATION, F.A., A Federally Chartered Savings and Loan Association, Plaintiff-Appellee, v. Peggy MITCHELL, Respondent, and Anthony F. Avallone, Attorney-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 1, 1991.


Attorney(s) appearing for the Case

Mick I.R. Gutierrez, Miller, Stratvert, Torgerson & Schlenker, P.A. Las Cruces, for Judge James T. Martin.

Anthony F. Avallone, pro se.


OPINION

BIVINS, Judge.

Anthony Avallone (attorney) appeals the district court's order imposing a $250 fine against him as a sanction for violating SCRA 1986, 1-011 (Cum.Supp.1990) (Rule 11). He raises three issues on appeal: (1) the district court lacked jurisdiction to impose Rule 11 sanctions, claiming that the sanctions proceeding was criminal in nature and no sworn statement or complaint was filed; (2) the findings were flawed for lack of a finding of...

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