Prieto v. Home Education Livelihood Program

OPINION

WALTERS, Judge.

The sole issue in this interlocutory appeal is whether the New Mexico statutes require dismissal of a suit if plaintiff fails to immediately serve the complaint upon issuance of process. We hold that even though service could have been accomplished earlier, our statutes do not require dismissal when delay in service alone is the basis of the motion to dismiss.

Plaintiff filed his complaint on November 8, 1977, the last day before the statute of limitations on his claim would have run. Service was not made on defendant (H.E. L.P.) until almost three months later. During…