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BANKERS TRUST CO. OF CALIFORNIA v. BACA

No. 26,010.

151 P.3d 88 (2006)

2007-NMCA-019

BANKERS TRUST COMPANY OF CALIFORNIA, N.S., Plaintiff-Appellant, v. Patricia BACA and Gina L. Montoya, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 23, 2007.

Attorney(s) appearing for the Case

Sheehan, Sheehan & Stelzner, P.A., Juan L. Flores, Jaime L. Dawes, Albuquerque, NM, for Appellant.

New Mexico Legal Aid, Inc., Lucrecia R. Jaramillo, Craig B. Fretwell, Las Vegas, NM, for Appellees.

Certiorari Denied, No. 30,166, January 23, 2007.

OPINION

SUTIN, Judge.

{1} The district court sua sponte dismissed Plaintiff's foreclosure action without prejudice under Rule 1-041(E)(2) NMRA for failure to take any significant action against Defendants within the previous 180 days. After its motion for reinstatement under Rule 1-041(E)(2) was denied for failure to show good cause, Plaintiff filed a new foreclosure action. In ruling in Defendants...

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