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SANCHEZ v. KIRBY

No. 21,198.

40 P.3d 1009 (2001)

131 N.M. 565

2002-NMCA-017

Cecilia SANCHEZ, individually, and Cecilia Sanchez, as parent and guardian of Justin Sanchez, a minor child, Plaintiff-Appellee, v. Paul KIRBY, Defendant-Appellant, and Infinity Insurance Company, Defendant.

Court of Appeals of New Mexico.

November 27, 2001.

Attorney(s) appearing for the Case

David J. Berardinelli, Berardinelli & Associates, Santa Fe, NM, for Appellee.

Nathan H. Mann, Nancy Franchini, Gallagher, Casados & Mann, P.C., Albuquerque, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Defendant Paul Kirby's motion for rehearing is denied. The opinion filed in this case is withdrawn and this opinion is substituted in its place.

{2} Plaintiff Cecilia Sanchez has filed two motions to dismiss Defendant Paul Kirby's appeal from a judgment against him for compensatory and punitive damages. The first asserts lack of jurisdiction; the second asserts the issues are moot. We grant the motion based on mootness and...

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