474 P.2d 76

#### Lloyd L. DAVIS, Sr., Mary D. Davis, Lloyd L. Davis, Jr., Lottie-Beth Davis and Lee Smith, Petitioners, v. Honorable Caswell S. NEAL, Judge of the District Court of Eddy County, New Mexico, Respondent.

No. 9113.

Supreme Court of New Mexico.

Sept. 9, 1970.

COMPTON, Chief Justice and TACK-ETT, WATSON, SISK and McKENNA, Justices, concurring.

Ordered that the writ of prohibition heretofore issued herein on August 18, 1970, be and the same is hereby made permanent for the reason that the trial court was without jurisdiction to modify its decision after the appeal was taken.