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HENRY v. DANIEL

No. 23,356.

87 P.3d 541 (2003)

135 N.M. 261

2004-NMCA-016

Linda Ray HENRY, Plaintiff-Appellant, v. Robert L. DANIEL, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied February 5, 2004.

Attorney(s) appearing for the Case

Eric D. Dixon, Portales, NM, for Appellant.

Randy Knudson, Doerr & Knudson, P.A., Portales, NM, for Appellee.

Certiorari Denied, No. 28,419, February 5, 2004.

OPINION

VIGIL, Judge.

{1} This case requires us to construe Rule 1-025 NMRA 2003, which prescribes the timing and procedures to follow when a party to a lawsuit dies and a substitute party must be named. The trial court dismissed the complaint with prejudice on the ground that no motion to substitute parties was filed within ninety days after Robert L. Daniel (Defendant) filed a suggestion of...

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