BERNAL v. NIETO

No. 17015.

943 P.2d 1338 (1997)

123 N.M. 621

1997-NMCA-067

Gracie L. BERNAL and Joshua L. Nieto, a minor, by and through his mother and next friend, Gracie L. Bernal, Plaintiffs-Appellants, v. Della NIETO and Melissa Nieto, a minor, Defendants-Appellees.

Court of Appeals of New Mexico.

July 10, 1997.


Attorney(s) appearing for the Case

Pedro P. Palacios, Las Cruces, for Plaintiffs-Appellants.

Douglas R. Driggers, Las Cruces, for Defendants-Appellees.


OPINION

FLORES, Judge.

1. Plaintiffs-Appellants Gracie Bernal and her minor son, Joshua Nieto (Appellants), appeal from the trial court's order dismissing their amended petition for declaratory judgment and denying their motion for summary judgment. The issue raised on appeal is whether the trial court erred in ruling that a divorced spouse could divest a portion of his minor child's interest in the proceeds of an insurance policy by adding other...

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