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MACIAS v. JARAMILLO

No. 20,510.

11 P.3d 153 (2000)

129 N.M. 578

2000-NMCA-086

Linda MACIAS, Plaintiff-Appellant, v. James JARAMILLO and Joe C. Jaramillo, Jr., Personal Representatives of the Estate of Joe C. Jaramillo, Deceased, and State Farm Mutual Automobile Insurance Company, and John Doe (unknown Personal Representative of the Estate of Joe C. Jaramillo, Deceased), Defendants-Appellees.

Court of Appeals of New Mexico.

August 15, 2000.

Attorney(s) appearing for the Case

Lynn Barnhill, Nancy Garner & Associates, P.C. Albuquerque, NM for Appellant.

Terri L. Sauer, Miller, Stratvert & Torgerson, P.A. Albuquerque, NM for Appellees.

OPINION

SUTIN, Judge.

{1} The issue in this appeal is whether a plaintiff who files an action seeking recovery against an estate loses her cause of action if she has not joined a duly appointed personal representative of the dead person's estate before the statute of limitations has run.

{2} Plaintiff Linda Macias filed a complaint on May 14, 1998, against James Jaramillo and Joe C. Jaramillo, Jr. (the Jaramillos), as personal representatives...

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