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LOWERY v. ATTERBURY

No. 19694.

823 P.2d 313 (1992)

113 N.M. 71

Joan A. LOWERY, Plaintiff-Appellant, v. Boudinot P. ATTERBURY, June A. Jenney, a/k/a Judy Jenney, Lucinda K. Jenney, Ralph A. Jenney, Charles P. Jenney, Hope H. Atterbury, Boudinot T. Atterbury, Talcott R. Atterbury, and the Palovista Company, a New Mexico corporation, Defendants-Appellees.

Supreme Court of New Mexico.

January 6, 1992.

Attorney(s) appearing for the Case

Keleher & McLeod and Elizabeth E. Whitefield, Albuquerque, for plaintiff-appellant.

Duff H. Westbrook, Albuquerque, for defendants-appellees.

OPINION

BACA, Justice.

Plaintiff-appellant Lowery appeals the district court's dismissal of her action under SCRA 1986, 1-041(B) for want of prosecution. Lowery bases her appeal on two points. First, she contends that the trial court abused its discretion by dismissing her action sua sponte. Second, she contends that she was denied her due process rights because the trial court dismissed her action without any prior warning. Because we find that the trial...

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