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WESTSTAR MORTG. CORP. v. JACKSON

No. 21,179.

39 P.3d 710 (2001)

131 N.M. 493

2002-NMCA-009

WESTSTAR MORTGAGE CORPORATION, Plaintiff/Counterdefendant-Appellant/Cross-Appellee, v. Ken JACKSON, Defendant/Counterplaintiff-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 15, 2002.

Attorney(s) appearing for the Case

Alice Tomlinson Lorenz, James J. Widland, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, for Appellant/Cross-Appellee.

Joseph P. Kennedy, Albuquerque, NM, for Appellee/Cross-Appellant.

Certiorari Granted, No. 27,270, January 15, 2002.

OPINION

PICKARD, Judge.

{1} The question before us is whether the use of the criminal process to assist in the collection of money mistakenly deposited into the wrong account gives rise to civil liability under the tort of malicious abuse of process. See DeVaney v. Thriftway Mktg. Corp., 1998-NMSC-001, ¶ 17, 124 N.M. 512, 953 P.2d...

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