MATTER OF ESTATE OF GARDNER

No. 12748.

817 P.2d 729 (1991)

112 N.M. 536

In the Matter of the ESTATE OF Elizabeth Dycus GARDNER, Deceased, Jeanne W. Gholson, Personal Representative.

Court of Appeals of New Mexico.

April 11, 1991.


Attorney(s) appearing for the Case

Robert D. Benson, Roberts & Jolley, Farmington, and Winston Roberts-Hohl, Santa Fe, for personal representative.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Patricia M. Taylor, Albuquerque, for claimants.


OPINION

HARTZ, Judge.

This matter came before the court on appellees' motion to strike supersedeas bond and appellants' response thereto. Both the motion and response appear to proceed on the assumption that the district court lacks jurisdiction to act on the matter. We disagree with that assumption. We deny the motion but expressly state that the district court may act on matters of supersedeas and stay during the pendency of an appeal.

We base...

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