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SUN COUNTRY SAV. BANK OF NEW MEXICO v. McDOWELL

No. 17629.

775 P.2d 730 (1989)

108 N.M. 528

SUN COUNTRY SAVINGS BANK OF NEW MEXICO, F.S.B., a United States savings bank, Plaintiff-Appellee and Cross-Appellee, v. Elisa McDOWELL, Defendant-Appellee and Cross-Appellant, v. Jack McDOWELL, Bank of Santa Fe, a New Mexico banking corporation, and The Omega Group Architects, a Texas corporation, Defendants-Appellees and Cross-Appellees, v. M.O.B., a joint venture composed of L. Michael Messina, James O'Leary and Gus Blaisdell, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

June 27, 1989.

Attorney(s) appearing for the Case

Messina, Madrid & Maynez, P.A., A. Patrick Maynez, Albuquerque, for defendants-appellants and cross-appellees.

Barnett, Leverick & Musselman, P.C., Richard M. Leverick, Albuquerque, for plaintiff appellee and cross-appellee, Sun Country.

Chris Lucero, Albuquerque, for defendant-appellee and cross-appellant, Elisa McDowell.

OPINION

BACA, Justice.

Defendants Elisa and Jack McDowell,1 makers of a promissory note secured by a mortgage, and defendant M.O.B., a joint venture and judgment creditor of Jack McDowell, appeal from the district court's entry of an order and partial summary judgment against M.O.B. and an order entering final judgment for foreclosure and approving attorney fees and costs in favor of the mortgagee, plaintiff Sun Country Savings...

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