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ENCINIAS v. WHITENER LAW FIRM, P.A.

No. 30,106.

294 P.3d 1245 (2012)

2013-NMCA-003

Joe Robert ENCINIAS, Plaintiff-Appellant, v. WHITENER LAW FIRM, P.A. and Russell Whitener, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, December 6, 2012, No. 33,874.

Attorney(s) appearing for the Case

Will Ferguson & Associates, Roger V. Eaton , David M. Houliston , Sanders & Westbrook, P.C., Maureen A. Sanders , Albuquerque, NM, for Appellant.

Tax, Estate & Business Law, Ltd., James T. Reist , Barry D. Williams , Albuquerque, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} In 2006, the parents of Plaintiff Joe Robert Encinias met personally with Defendants Whitener Law Firm, P.A. and Russell Whitener (collectively, Whitener) to pursue a lawsuit against Encinias's school district for a brutal beating that Encinias suffered at the hands of two students during school hours. There is no dispute that Whitener took on the case and failed to file the case within the statute of limitations...

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