Matter of Johnson

OPINION

EASLEY, Justice.

The New Mexico Board of Medical Investigations (Board) filed a motion requesting that the district court issue an order to disinter the remains of Susie Catherine Johnson. The court, without notice or hearing, granted the motion three days after it was filed. A son of the deceased filed a motion to reconsider, to have a hearing and to set aside the order. After a hearing, the trial court set aside the order for disinterment. The Board appeals. We affirm.

This is a case of first impression. We address whether the trial court acted without jurisdiction and whether, if it…