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CRUZ v. FTS CONSTRUCTION INC.

No. 25,708.

142 P.3d 365 (2006)

2006-NMCA-109

Terri CRUZ, Plaintiff-Appellant, v. FTS CONSTRUCTION, INC., Fred P. Sanchez, Individually, Fred P. Sanchez d/b/a FTS Construction, and Nathan Sanchez, Individually, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted August 23, 2006.

Attorney(s) appearing for the Case

The Law Firm of Alexander D. Crecca, P.C., Alexander D. Crecca, Albuquerque, NM, for Appellant.

Ray A. Padilla, P.C., Ray A. Padilla, Brett J. Olsen, P.C., Brett J. Olsen, Albuquerque, NM, for Appellees.

Certiorari Granted, No. 29,938, August 23, 2006.

OPINION

PICKARD, Judge.

{1} This case involves two lawsuits — one that is presently pending before the district court on de novo appeal from the magistrate court and one (the action on appeal here) that was originally filed in the district court. We examine a doctrine most recently articulated in Valdez v. Ballenger, 91 N.M. 785, 786,

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