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Macias v. Jaramillo8/15/2000
without a personal representative having been appointed. See Rule 12-301.
CONCLUSION
We apply the rationale and policy in Chavez to allow amendment of Plaintiff's complaint to add or substitute a duly appointed personal representative as a party defendant in place of the Jaramillos in the original complaint.
We remand to the district court to grant leave to Plaintiff to proceed expeditiously to obtain appointment of a personal representative of Decedent's estate and to amend her complaint to add or substitute a duly appointed personal representative of Decedent's estate. We deny Plaintiff's motions to sanction the Jaramillos for failing to file a timely answer brief and to strike that answer brief.
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
M. CHRISTINA ARMIJO, Judge
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