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TRUJILLO v. SERRANO

No. 20900.

871 P.2d 369 (1994)

117 N.M. 273

Loyola TRUJILLO, Plaintiff-Appellee, v. Jose E. SERRANO, Defendant-Appellant.

Supreme Court of New Mexico.

March 8, 1994.

Attorney(s) appearing for the Case

Jose E. Serrano, pro se.

Loyola Trujillo, pro se.

OPINION

FROST, Justice.

Defendant-Appellant Jose E. Serrano appeals the dismissal by the district court of his appeal of a magistrate court decision. The basis of the district court action was that Serrano had not timely filed his appeal. We conclude that there is no jurisdictional bar to hear the appeal if the notice was late because of court error. This case is remanded for further proceedings.

I.

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