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MacLellan v. Eyermann (In re Estate of King)

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Feb 3, 2014
No. 33,123 (N.M. Ct. App. Feb. 3, 2014)

Opinion

No. 33,123

02-03-2014

JOANN M. MACLELLAN, Individually and as Guardian and Trustee of DAVID TIMOTHY KING, DANIEL J. KING, and JOHN R. KING, Claimants-Appellants, v. VIRGINIA N. EYERMANN, Personal Representative-Appellee, IN THE MATTER OF THE ESTATE OF PHILLIP TIMOTHY KING, Deceased.

Scott Hulse P.C. Casey S. Stevenson El Paso, TX M. Yvonne Gonzalez Silver City, NM for Appellee


This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY
J.C. Robinson, District Judge
Scott Hulse P.C.
Casey S. Stevenson
El Paso, TX
for Appellants M. Yvonne Gonzalez
Silver City, NM
for Appellee

MEMORANDUM OPINION

VIGIL, Judge.

{1} Appellant, JoAnn M. MacLellan, Individually and as Guardian and Trustee of David Timothy King, Daniel J. King, and John R. King, seeks to appeal from the district court's amended order, dated July 31, 2013, denying her request to vacate the district court's order, dated July 2, 2013, denying her claims. [DS 2, RP 397, 357] We issued a notice proposing to summarily remand to allow the district court to consider an outstanding motion for relief from judgment filed by MacLellan in the district court on August 1, 2013. MacLellan did not file a response to our proposed disposition, but the Personal Representative of the Estate of Phillip Timothy King, Virginia N. Eyermann, filed a timely memorandum in opposition. {2} We continue to believe that MacLellan's post-judgment motion should be construed as a motion under NMSA 1978, Section 39-1-1 (1953), and that in the interests ofjudicial economy, this case should be remanded to the district court so that it can rule on this motion. Accordingly, we remand this case to the district court.

{3} IT IS SO ORDERED.

__________________________

MICHAEL E. VIGIL, Judge

WE CONCUR:

__________________________
LINDA M. VANZI, Judge
__________________________
M. MONICA ZAMORA, Judge


Summaries of

MacLellan v. Eyermann (In re Estate of King)

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Feb 3, 2014
No. 33,123 (N.M. Ct. App. Feb. 3, 2014)
Case details for

MacLellan v. Eyermann (In re Estate of King)

Case Details

Full title:JOANN M. MACLELLAN, Individually and as Guardian and Trustee of DAVID…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Feb 3, 2014

Citations

No. 33,123 (N.M. Ct. App. Feb. 3, 2014)