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96 N.M. 143

Lopez v. Sears

New Mexico Court of Appeals

Decided May 12, 1981

New Mexico Court of Appeals · decided 1981-05-12

Decided 1981-05-12

LOPEZ, Judge

¶1(dissenting).

¶2I agree that the Rules of Civil Procedure relating to default judgments apply to Workmen’s Compensation cases. I have read the record and I do not find any evidence of excusable neglect, mistake, or inadvertence on the part of the defendant to justify a reversal. At best, defendant has shown to me that, while Christine Turner was on vacation, presumably nobody else could handle workmen compensation cases in the Albuquerque store. Defendant should have had someone else to assume this responsibility while she was gone. I do not see any evidence of a meritorious defense to justify reversal. The question of disability and payment of benefits is yet to be litigated later on.

¶3I would affirm the trial court’s judgment.

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