Rutherford v. Buhler

I dissent.

Judge Sutin’s opinion concludes that a case filed before a statute was amended is nonetheless controlled by that statute. In the recent case of Estate of William L. Childers, Sr. v. Childers, N.M., 552 P.2d 465, 1976 the Supreme Court decided that another provision of the amended probate laws (Laws 1975, Ch. 120, § 3) prohibiting challenges based on the district court not having jurisdiction, could not apply to a case which was filed before that amendment became effective. Similarly, in the case before us the court is attempting to apply a jurisdictional provision of a statute to a…