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IN RE ESTATE OF SUMLER

No. 22,152.

62 P.3d 776 (2002)

133 N.M. 319

2003-NMCA-030

In the Matter of the ESTATE OF Kirsten Janay SUMLER, Deceased.

Court of Appeals of New Mexico.

December 19, 2002.

Attorney(s) appearing for the Case

Dick A. Blenden, Phil Blenden, Blenden Law Firm, Carlsbad, NM, G.L. Spence, Robert P. Schuster, Kent W. Spence, Larissa A. Ferullo, Spence, Moriarity & Schuster, L.L.C., Jackson, WY, for Appellants.

Stuart D. Shanor, Richard E. Olson, Rebecca Nichols Johnson, Hinkle, Hensley, Shanor & Martin, L.L.P., Roswell, NM, Richard E. Griffin, Robert P. Latham, Jackson Walker L.L.P., Dallas, TX, for Appellee.

OPINION

ALARID, Judge.

{1} Appellee's motion for rehearing having previously been granted by our Court, and our original opinion filed on September 23, 2002, having been withdrawn by order of the Court, the following opinion is hereby substituted as the opinion of the Court.

{2} Although this case is nominally an appeal from an order appointing Appellee as the personal representative of a deceased child's estate, the actual controversy between...

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