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EASTLAND FINANCIAL SERVICES v. MENDOZA

No. 21,125.

43 P.3d 375 (2002)

132 N.M. 24

2002-NMCA-035

EASTLAND FINANCIAL SERVICES, d/b/a Vip Plus, Ltd., Plaintiff-Appellee, v. Bennie MENDOZA, d/b/a MC Builders, Defendant, and Mid-Continent Casualty Company, Defendant-Appellant.

Court of Appeals of New Mexico.

January 25, 2002.

Attorney(s) appearing for the Case

Nancy S. Cusack Hinkle, Hensley, Shanor & Martin, LLP, Roswell, NM, for Appellee.

Ann Maloney Conway, Edward C. Bagley, Huffaker & Conway, P.C., Albuquerque, NM, for Appellant Mid-Continent Casualty Company.

OPINION

BUSTAMANTE, Judge.

{1} Mid-Continent Casualty Company (Mid-Continent) appeals the trial court's denial of its motion for summary judgment and the granting of summary judgment in favor of Eastland Financial Services (Eastland). Mid-Continent, as surety for MC Builders, a general contractor, was held liable for MC Builders' breach of contract and was summarily ordered to reimburse Eastland from a payment bond issued pursuant to NMSA 1978, &...

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