BANK OF NEW MEXICO v. SHOLER

No. 15300.

691 P.2d 465 (1984)

102 N.M. 78

BANK OF NEW MEXICO, Petitioner, v. Bill J. SHOLER, Trustee in Bankruptcy for Nau Enterprises, Inc., David H. Nau and Barbara J. Nau, Respondents.

Supreme Court of New Mexico.

Certiorari Granted January 22, 1985.


Attorney(s) appearing for the Case

Farlow, Simone & Roberts, Randal W. Roberts, Norman F. Weiss, Albuquerque, for petitioner.

Freedman, Boyd & Daniels, David A. Freedman, Albuquerque, for respondents.


OPINION

STOWERS, Justice.

This Court granted a writ of certiorari to review whether the Bank of New Mexico (the bank) breached the terms of a collection provision in a security agreement. The trial court granted summary judgment in favor of the bank. The Court of Appeals reversed the trial court without deciding the remaining issue of whether the trial court erred in granting summary judgment rather than partial summary judgment. We reverse the Court of...

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