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SUNDANCE MECHANICAL & UTILITY CORP. v. ATLAS

No. 21159.

880 P.2d 861 (1994)

118 N.M. 250

SUNDANCE MECHANICAL & UTILITY CORPORATION, a New Mexico corporation, Plaintiff-Appellant, v. Marvin F. ATLAS and Carole J. Atlas, husband and wife, et al., Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied September 9, 1994.

Attorney(s) appearing for the Case

Paul S. Wainwright, P.A., Paul S. Wainwright, Albuquerque, for appellant.

Threet & King, Martin E. Threet, Robert G. Kavanagh, Albuquerque, for appellees.

OPINION

BACA, Justice.

Plaintiff-Appellant, Sundance Mechanical & Utility Corporation ("Sundance"), appeals from the district court's decision concluding that Defendants-Appellees, Marvin and Carole Atlas (the "Atlases"), were entitled to the benefit of NMSA 1978, Section 48-2-10.1(A) (Repl.Pamp.1987) (mandating the conditions for discharge of a materialman's lien). On appeal we decide whether the district court erred when it determined that the...

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