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SANTISTEVAN v. CENTINEL BANK OF TAOS

No. 13397.

634 P.2d 1282 (1981)

96 N.M. 730

Gilbert V. SANTISTEVAN, Petitioner, v. CENTINEL BANK OF TAOS, Eliu E. Romero and Bert Quintana, Respondents, and CIT Financial Services Corporation, et al., Defendants.

Supreme Court of New Mexico.

September 4, 1981.

Attorney(s) appearing for the Case

Robert Dale Morrison, Taos, for petitioner.

White, Koch, Kelly & McCarthy, John F. McCarthy, Santa Fe, Eliu E. Romero, Taos, Pickard & Singleton, Lynn Pickard, Santa Fe, for respondents.

OPINION

EASLEY, Chief Justice.

Santistevan brought an action for damages based on fraudulent deprivation of real property against Centinel Bank of Taos (Bank), Quintana and Romero. Defendants moved to dismiss the suit on the grounds that Santistevan was not a real party in interest since he did not own the land. The trial court dismissed the suit, and the Court of Appeals affirmed. We granted certiorari, and we affirm in part and reverse in part.

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