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EDMONDS v. MARTINEZ

No. 28,029.

215 P.3d 62 (2009)

2009-NMCA-072

Michael EDMONDS, as Personal Representative of the Estate of Marioara Shand, Petitioner-Appellee, v. Charlie MARTINEZ, Sheriff of Taos County, and Taos County, Respondents-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,727, June 17, 2009.

Attorney(s) appearing for the Case

L. Helen Bennett, P.C., L. Helen Bennett, Albuquerque, NM, for Appellee.

Slease & Martinez, P.A., Jonlyn M. Martinez, Albuquerque, NM, for Appellant.

OPINION

ROBLES, Judge.

{1} Respondent Charlie Martinez, a former sheriff of Taos County, appeals a district court award of attorney fees and a finding of contempt of court for failure to properly and timely comply with a writ of mandamus. Martinez argues that (1) process was not served in accordance with Rule 1-004(F) NMRA and, therefore, the district court did not have personal jurisdiction over Martinez; (2) a finding of contempt is inappropriate...

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