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SUNWEST BK. OF ALBUQUERQUE v. RODERIGUEZ

No. 17814.

770 P.2d 533 (1989)

108 N.M. 211

SUNWEST BANK OF ALBUQUERQUE, Plaintiff-Appellant, v. Albert RODERIGUEZ and Patsy RODERIGUEZ, d/b/a A R Roofing Co., Defendants-Appellees.

Supreme Court of New Mexico.

March 13, 1989.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Charles A. Armgardt, Albuquerque, for plaintiff-appellant.

Franchini, Wagner, Oliver, Franchini & Curtis, Gene Franchini, Albuquerque, for defendants-appellees.

OPINION

RANSOM, Justice.

Sunwest Bank of Albuquerque (Sunwest) appeals from the setting aside of a default judgment entered in its favor against appellee Patsy Roderiguez (Roderiguez). We reverse.

On December 12, 1986, Albert and Patsy Roderiguez, husband and wife, executed and delivered to Sunwest a promissory note for a loan of $24,718.53 intended for the Roderiguezes' business, A R Roofing Company. The note required the Roderiguezes to make three...

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