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SAM v. ESTATE OF SAM

No. 23,288.

84 P.3d 1066 (2003)

135 N.M. 101

2004-NMCA-018

Lajusta SAM, individually and as Personal Representative of the Estate of Tyler Dexter Sam, deceased, and as next friend of Bronte Kieran Sam, Cory Deyong Sam, and Britney Lynn Sam, minor children, Plaintiffs-Appellants, v. The ESTATE OF Benny SAM, Jr., and Arizona School Risk Retention Trust, Inc., an Arizona non-profit corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

December 12, 2003.

Attorney(s) appearing for the Case

David W. Peterson, Keleher & McLeod, P.A., Albuquerque, NM, Justin Heideman, Ascione & Heideman, L.L.C., Provo, UT, for Appellants.

Kyle M. Finch, Briones Law Firm, P.A., Farmington, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} Plaintiffs appeal the district court's order granting Arizona School Risk Retention Trust, Inc.'s (the Trust) motion to dismiss and its later order granting summary judgment to the Estate of Benny Sam, Jr. (the Estate). Because Plaintiffs did not timely appeal the district's order dismissing the Trust, we affirm the district court's decision to dismiss the Trust. However, we reverse the order granting summary judgment to...

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