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COLLINS ON BEHALF OF COLLINS v. TABET

No. 18488.

806 P.2d 40 (1991)

111 N.M. 391

Curtis COLLINS and Annie Collins, on Behalf of their son, Curtis M. COLLINS, Jr., and Sunwest Bank of Albuquerque, Conservator for Curtis M. Collins, Jr., Plaintiffs-Appellees, v. Ray TABET, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied February 25, 1991.

Attorney(s) appearing for the Case

Butt, Thornton & Baehr, Raymond A. Baehr, Alfred L. Green, Jr., Albuquerque, for defendant-appellant.

Ron Morgan, Albuquerque, for plaintiffs-appellees.

OPINION

MONTGOMERY, Justice.

The court of appeals certified this case to us as involving the following question of substantial public interest:1 "As guardian [ad litem], was Tabet acting as an arm of the court, cloaked with quasi-judicial immunity?" We answer: It depends. It depends on whether Tabet truly was appointed, and acted pursuant to that appointment, primarily as "an arm of the court," or whether his appointment as guardian...

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