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PORTALES NAT. BANK v. RIBBLE

No. 23,411.

75 P.3d 838 (2003)

134 N.M. 238

2003-NMCA-093

PORTALES NATIONAL BANK, Plaintiff/Counterdefendant-Appellee, v. Abe M. RIBBLE and Maurene Ribble, Husband and Wife, Individually and as Trustees under the Terms and Conditions of that certain Trust, dated November 21, 1987, Defendants/Counterclaimants-Appellants.

Court of Appeals of New Mexico.

May 23, 2003.

Attorney(s) appearing for the Case

Randy Knudson, Stephen Doerr, Doerr & Knudson, P.A., Portales, NM, for Appellee.

Warren F. Frost, Warren F. Frost, P.C., Tucumcari, NM, for Appellants.

OPINION

PICKARD, Judge.

{1} Abe and Maurene Ribble, Defendants/Counterclaimants-Appellants (the Ribbles), challenge on interlocutory appeal the trial court's grant of summary judgment denying their claim of prima facie tort. They also challenge the trial court's limitation of their unconscionable trade practice claim under the Unfair Practices Act (UPA). We reverse on both issues and remand to the trial court.

HISTORY AND PROCEDURAL POSTURE...

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