2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 1 - Uniform Probate Code
Part 3 - SCOPE, JURISDICTION AND COURTS
Section 45-1-308 - Appeals from district court.

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to civil appeals to the court of appeals from the district court.

History: 1953 Comp., § 32A-1-308, enacted by Laws 1975, ch. 257, § 1-308.

Cross references. — For the Rules of Appellate Procedure, see 12-101 NMRA.

Nonparty attorney's standing to appeal a district court's order striking the attorney's entry of appearance. — Where a court-appointed guardian for an incapacitated person, without the permission of the district court or approval of the conservator for the incapacitated person, hired an attorney to represent the incapacitated person, and where the district court struck the attorney's entry of appearance, holding that the guardian did not have the authority to hire an attorney for the incapacitated person, the nonparty attorney had the right to appeal on his own behalf because he participated in certain court proceedings as an attorney hired to represent the incapacitated person initiated by the court-appointed guardian's request that the district court determine whether the guardianship continued to be necessary, and the district court's order striking the attorney's entry of appearance and barring him from further contact with the incapacitated person directly and sufficiently aggrieved the attorney such that this section affords him the right to appeal that order, even though he did not participate as a party below. Richards v. McEachern, 2020-NMCA-023.

Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1063.

Appealability of probate orders allowing or disallowing claims against estate, 84 A.L.R.4th 269.

5 C.J.S. Appeal and Error § 707 et seq.