DEFILLIPPO v. NEIL

No. 21,748.

51 P.3d 1183 (2002)

132 N.M. 529

2002-NMCA-085

Patrick DeFILLIPPO, Stephanie DeFillippo, Gary Lizzi and Patricia Lizzi, Plaintiffs-Appellees, v. Eva NEIL, Defendant-Appellant.

Court of Appeals of New Mexico.

June 21, 2002.


Attorney(s) appearing for the Case

Leof T. Strand, Albuquerque, NM, Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, NM, for Appellees.

Kim E. Kaufman, Albuquerque, NM, for Appellant.


OPINION

BUSTAMANTE, Judge.

{1} Plaintiffs Patrick DeFillippo, Stephanie DeFillippo, Gary Lizzi, and Patricia Lizzi filed suit against Eva Neil (Neil) claiming damages for personal injuries suffered as a result of the collapse of a balcony. Neil filed her answer to the complaint one day late, and the trial court entered a "default judgment" against her in favor of Plaintiffs. Neil filed a motion to set aside the default, pursuant to Rules 1-055(C)...

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