Security Bank & Trust v. Parmer

OPINION

SOSA, Senior Justice.

This is an appeal and cross-appeal from the district court’s granting of a summary judgment in favor of appellee.

In order for the trial court to have properly granted summary judgment, the pleadings, depositions, exhibits and affidavits must have shown that there was no genuine issue as to any material fact and that the moving party was entitled to summary judgment as a matter of law. N.M.R.Civ.P. 56(c), N.M.S.A.1978 (Repl. Pamp. 1980). We find that there is a genuine issue as to a material fact and reverse the district court, and remand for a trial on the merits.

Th…