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McELHANNON v. FORD

No. 22,547.

73 P.3d 827 (2003)

134 N.M. 124

2003-NMCA-091

W.C. McELHANNON and Patricia McElhannon, Plaintiffs-Appellants, v. Rick FORD and Freida Kae Ford, individually; Rick Ford d/b/a Rick Ford Welding and Construction; Don Holland d/b/a Don's Air Conditioning and Electric; Roger Huntley, electrical contractor, license no. 18992; Town of Clayton, a New Mexico municipality; and Public Service Company of New Mexico, a New Mexico corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

May 16, 2003.

Attorney(s) appearing for the Case

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

Robert O. Beck, Beck & Cooper, Clayton, NM, for Appellees-Fords.

Gary D. Alsup, Alsup Law Office, Clayton, NM for Appellee-Holland.

Thomas C. Bird, S. Charles Archuleta, Keleher & McLeod, P.A., Albuquerque, NM, for Appellee-Public Service Company of New Mexico.

OPINION

ALARID, Judge.

{1} This case requires us to decide if summary judgment was properly entered against the purchasers of a new home who sued a seller-general contractor for failure to disclose that the home was built without permits required by the Construction Industries Licensing Act (CILA), NMSA 1978, §§ 60-13-1 to -58 (1967, as amended through 2001). We also address the entry of summary judgment in favor of the subcontractor who...

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