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GRACIA v. BITTNER

No. 15672.

900 P.2d 351 (1995)

120 N.M. 191

Romero GRACIA, Plaintiff-Appellee, v. John J. BITTNER, Defendant-Appellant.

Court of Appeals of New Mexico.

May 26, 1995.

Attorney(s) appearing for the Case

Mark A. Filosa, Filosa & Filosa, T or C, for plaintiff-appellee.

William F. Riordan, Tina R. Sibbitt, Riordan & Associates, Albuquerque, for defendant-appellant.

OPINION

PICKARD, Judge.

Every litigated case is tried at least three times: there is the trial the attorneys intended to conduct; there is the trial the attorneys actually conducted; and there is the trial that, after the verdict, the attorneys wished they had conducted. The questions we address in this case revolve around the extent to which, on appeal of a civil case, an appellate court may review the trial the attorneys wish they had conducted...

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