MARTINEZ v. SEGOVIA

No. 22,139.

62 P.3d 331 (2002)

133 N.M. 240

2003-NMCA-023

Floyd B. MARTINEZ, Plaintiff-Appellant, v. Jake SEGOVIA and Becky Segovia, Defendants-Appellees.

Court of Appeals of New Mexico.

October 10, 2002.


Attorney(s) appearing for the Case

William H. Lazar, Santa Fe, NM, for Appellant.

Daniel P. Ulibarri, Daniel J. O'Brien & Associates, P.C., Albuquerque, NM, for Appellee, Jake Segovia.

Katherine W. Hall, Timothy L. Butler, Miller, Stratvert & Torgerson, P.A., Santa Fe, NM, for Appellee, Becky Segovia.


OPINION

SUTIN, Judge.

{1} A dead person was the named plaintiff. After the statute of limitations had run, the decedent's widow was appointed personal representative of his estate and sought to be substituted as the real party in interest. Without considering the merits of the substitution issue, the district court dismissed the action on the ground of lack of jurisdiction, calling the complaint a nullity....

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