ORTIZ v. SHAW

No. 27,110.

193 P.3d 605 (2008)

2008-NMCA-136

Pamela and Samuel ORTIZ, as parents and next friends of Sierra Ortiz, a minor child, Plaintiffs-Appellees, v. Rachelle SHAW, D.D.S., individually, and d/b/a Rachelle Shaw, D.D.S., P.C., Defendants-Appellants.

Court of Appeals of New Mexico.

August 21, 2008.


Attorney(s) appearing for the Case

Aguilar Law Offices, P.C., Esteban A. Aguilar, Jr., Albuquerque, NM, Law Offices of Elizabeth Losee, Elizabeth Losee, Corrales, NM, for Appellees.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Jocelyn Drennan, Albuquerque, NM, Kennedy, Moulton & Wells, P.C., Deborah D. Wells, Albuquerque, NM, for Appellants.


OPINION

ALARID, Judge.

{1} The opinion filed June 18, 2008, is hereby withdrawn and replaced with the following opinion. The motion for rehearing is hereby denied.

{2} Dr. Rachelle Shaw (Defendant) appeals the district court's denial of her motion to set aside a default judgment against her in a malpractice action. After entering the default judgment as to liability, the district court held a trial on the sole issue of damages...

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