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COTTONWOOD ENTERPRISES v. McALPIN

No. 19075.

810 P.2d 812 (1991)

111 N.M. 793

COTTONWOOD ENTERPRISES, a California limited partnership, Plaintiff-Appellant, v. Mark McALPIN, Barbara McAlpin and Territorial Abstract and Title Company, Defendants-Appellees.

Supreme Court of New Mexico.

May 2, 1991.

Attorney(s) appearing for the Case

Sommer, Udall, Othmer, Hardwick & Garcia, Jack N. Hardwick, Santa Fe, for plaintiff-appellant.

Scheuer & Engel, Richard S. Lees, Santa Fe, for defendants-appellees McAlpin.

Moses, Dunn, Beckley, Espinosa & Tuthill, Leonard G. Espinosa, Steven H. Hile, Albuquerque, for defendant-appellee Territorial.

OPINION

SOSA, Chief Justice.

The factual background of this case is set forth in Cottonwood Enterprises v. McAlpin, 109 N.M. 78, 781 P.2d 1156 (1989). In that opinion we reversed the district court's grant of a Rule 41(E) motion, which dismissed the cause with prejudice for inactivity, and remanded to the court for consideration of Territorial's Rule 12(B)(6) motion to dismiss and the...

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