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HEFFERN v. FIRST INTERSTATE BANK

No. 5909.

660 P.2d 621 (1983)

99 N.M. 531

Arthur HEFFERN, Individually and as President of Sure-Lock Homes, and Sure-Lock Homes, a New Mexico Corporation, Plaintiffs-Appellants, v. FIRST INTERSTATE BANK, Formerly known as Bank of New Mexico, a New Mexico Banking Corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

March 1, 1983.

Attorney(s) appearing for the Case

John E. Farrow, Query, Fairfield, Reecer, Strotz & Stribling, P.C. Albuquerque, for plaintiffs-appellants.

John M. Kulikowski, Thomas C. Bird, Keleher & McLeod, P.A., Albuquerque, for defendant-appellee.

OPINION

NEAL, Judge.

This case deals with our compulsory counterclaim rule, N.M.R.Civ.P. 13(a), N.M.S.A. 1978 (1980 Repl.Pamph.). The precise issue is whether the plaintiffs' tort claim against the defendant is a compulsory counterclaim, lost when it was not raised in four prior foreclosure actions. The district court held that plaintiffs' complaint was a compulsory counterclaim, and dismissed.

We affirm.

Arthur Heffern, president of Sure...

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