Baker v. Sojka

CARMODY, Justice.

Plaintiff appeals from the trial court’s order dismissing her complaint with prejudice.

Prior to any discussion of the merits of the appeal, we will dispose of a motion to dismiss grounded upon plaintiff’s failure to comply with rule 5(5) (§ 21-2-1(5) (5), N.M.S.A.1953) in her notice of appeal.

The notice of appeal stated, “Plaintiff hereby gives notice that she is taking appeal in the above-entitled cause.” Defendant urges that such a notice is deficient under the rule in failing to “designate the judgment, order or part thereof appealed from. * * * »

Although our rule 5(5) is…