JOSLIN v. GREGORY

No. 22,959.

80 P.3d 464 (2003)

134 N.M. 527

2003-NMCA-133

Dennis JOSLIN, Plaintiff-Appellant, v. Michael L. GREGORY and Mary Diana Gregory, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 6, 2003.


Attorney(s) appearing for the Case

Jacob D. Caldwell, Stephen Natelson, Natelson Law, Firm Taos, NM, for Appellant.

Michael L. Gregory, Las Vegas, NM, for Appellees.


Certiorari Denied, No. 28,314, November 6, 2003.

OPINION

FRY, Judge.

{1} In this case we consider whether, under NMSA 1978, § 37-1-16 (1957), Defendants Michael L. Gregory and Mary Diana Gregory made "any partial or instalment payment" that revived Plaintiff Dennis Joslin's cause of action on a promissory note so as to remove the bar of the statute of limitations. The trial court granted summary judgment in favor of Defendants, ruling that they...

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