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D'AVIGNON v. GRAHAM

No. 12062.

823 P.2d 929 (1991)

113 N.M. 129

Shirley D'AVIGNON, Plaintiff-Appellant, v. James O. GRAHAM, Defendant-Appellee.

Court of Appeals of New Mexico.

November 7, 1991.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Santa Fe, Marvin Baggett, Farmington, for plaintiff-appellant.

Randall S. Roberts, Roberts & Jolley, Farmington, for defendant-appellee.

OPINION

ALARID, Chief Judge.

Plaintiff (mother) appeals a trial court judgment that her lien on defendant's (father) real and personal property arising out of child support arrearages pursuant to NMSA 1978, Section 40-4-15 (Repl.Pamp. 1989) cannot be foreclosed because father timely interposed an exemption defense pursuant to NMSA 1978, Sections 42-10-1 or -2 (Orig.Pamp.). We reverse.

FACTS

This case was tried by non-jury trial. The parties...

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