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PRINCIPAL MUT. LIFE INS. CO. v. STRAUS

No. 20523.

863 P.2d 447 (1993)

116 N.M. 412

PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. James R. STRAUS, Defendant-Appellant.

Supreme Court of New Mexico.

October 19, 1993.

Attorney(s) appearing for the Case

Steven C. Henry, Albuquerque, for defendant-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Judy A. Fry, Timothy C. Holm, Albuquerque, for plaintiff-appellee.

OPINION

FROST, Justice.

This appeal requires us to determine if a district court's ruling of liability pursuant to the Declaratory Judgment Act, NMSA 1978 §§ 44-6-1 to -15, is a final, appealable judgment when it leaves open for future resolution the amount of a damages award including attorney's fees. We find that because the question of the amount of damages was before the district court but not finally...

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