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TRINOSKY v. JOHNSTONE

No. 27,129.

252 P.3d 829 (2011)

2011-NMCA-045

Shelley TRINOSKY, Petitioner-Appellant, v. Peter JOHNSTONE, as Personal Representative of the estate of Donald L. Trinosky, deceased, Respondent-Appellee.

Court of Appeals of New Mexico.

March 31, 2011.

Attorney(s) appearing for the Case

Kennedy & Han, P.C., Paul J. Kennedy , Darin M. Foster , Albuquerque, NM, for Appellant.

Law Office of Peter H. Johnstone, P.C., Peter H. Johnstone , Albuquerque, NM, for Appellee.

OPINION

GARCIA, Judge.

{1} This case raises the issue of whether NMSA 1978, Section 40-4-20(B) (1993) prohibits a district court from exercising its discretion in determining whether to grant a petitioner's motion to voluntarily dismiss a legal separation action pursuant to Rule 1-041(A)(2) NMRA following the death of a party to the action. Section 40-4-20(B) mandates that if a party to a pending legal separation action dies prior to entry of...

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