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SUNWEST BANK v. COLUCCI

No. 20673.

872 P.2d 346 (1994)

117 N.M. 373

SUNWEST BANK OF ALBUQUERQUE, N.A., Plaintiff-Appellee and Cross-Appellant, v. Michael A. COLUCCI, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

March 10, 1994.

Attorney(s) appearing for the Case

Bruce C. Redd, Clara Ann Bowler, Albuquerque, for appellant and cross-appellee.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., R. Alfred Walker, Albuquerque, for appellee and cross-appellant.

OPINION

MONTGOMERY, Chief Justice.

The principal issue in this case, discussed later in this opinion, relates to a subject arising frequently in New Mexico caselaw—prejudgment interest. We seek to clarify the circumstances under which each of the two New Mexico statutes governing an award of prejudgment interest, NMSA 1978, Sections 56-8-3 (Repl.Pamp.1986) and 56-8-4(B) (Cum.Supp.1993), is applied.

The case consists of an appeal and...

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