Legal Opinion
Abalos v. Pino
New Mexico Court of Appeals
Decided July 22, 1993No. 13587PublishedCited by 5 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
This case requires us to consider whether an order from which appeal is taken in a probate matter is a final judgment, allowing this Court jurisdiction over the appeal. More specifically, we address the issue of whether an order by the district court, requiring putative grandparents to undergo blood testing to determine if their deceased son was the father of the petitioner against his estate, is final. For the reasons we discuss below, we conclude that the order was not final and does not fit into the collateral order doctrine. Therefore, we dismiss the appeal.
This…
2Cases cited10 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
- Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
- Carrillo v. RostroNew Mexico Supreme Court · 1992
- Thornton v. GambleNew Mexico Court of Appeals · 1984
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3Cited by5 opinions
- ConocoPhillips Co. v. LyonsNew Mexico Supreme Court · 2012
- Breen v. State Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2012
- King v. Allstate InsuranceNew Mexico Court of Appeals · 2004
- Alcala v. St. Francis GardensNew Mexico Court of Appeals · 1993
- Breen v. State Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2012