Bank of New Mexico v. Sholer

OPINION

BIVINS, Judge.

Plaintiffs originally appealed to this court from an order granting summary judgment in favor of defendant bank. Two issues were raised: (1) whether the trial court erred in granting summary judgment in favor of bank; and (2) whether the trial court erred in granting summary judgment rather than partial summary judgment. Because this court reversed on the first issue, we did not reach the second issue. The supreme court granted certiorari, reversed this court and remanded for a decision on the remaining second issue. 691 P.2d 465 (N.M.1984).

The supreme court held that…