First Commerce of America, Inc. v. Nimbus Center Associates

Plaintiff First Commerce of America, Inc. (First Commerce), initiated this action to collect on a loan to defendants, Nimbus Center Associates (Nimbus) and its principals. Defendants initiated a third-party action against third-party defendant National Mortgage Co. (National). The trial court entered summary judgment in favor of National and dismissed the third-party claims. Plaintiff and defendants then agreed to the dismissal of the primary claims without prejudice, and a stipulated judgment was entered to that effect. Defendants appeal, assigning error to the entry of summary judgment…