SPARKS BY AND THROUGH HALEY v. SPARKS

No. 13759.

845 P.2d 858 (1992)

114 N.M. 764

Decatur D. SPARKS, an infant, By and Through his nex friend and Mother, Deborah Sparks HALEY, Petitioner-Appellant. v. Larry D. SPARKS, Respondent-Appellee.

Court of Appeals of New Mexico.

December 17, 1992.


Attorney(s) appearing for the Case

Robert S. Orlik, James F. McDowell, III, Clovis, for petitioner-appellant.

Marion Ty Rutter, Clovis, for respondent-appellee.


OPINION

BLACK, Judge.

Deborah Sparks Haley (Mother) brought this action as next friend for her ten-year-old son (Child), seeking to establish that her former husband, Larry Sparks (Sparks), was not Child's father. Sparks filed a motion to dismiss and a motion to appoint a guardian ad litem. The district court denied the motion to appoint a guardian ad litem and did not expressly rule on the motion to dismiss, but later ruled that the divorce action between...

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