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ALCANTAR v. SANCHEZ

No. 28,436.

257 P.3d 966 (2011)

2011-NMCA-073

Carmen M. ALCANTAR and Isidro R. Alcantar, Plaintiffs/Judgment Creditors, and Gilbert Sanchez, Personal Representative of the Estate of Mike Sanchez, deceased, Intervenor/Third-Party Plaintiff-Appellant, v. Joe SANCHEZ, d/b/a Glenwood Custom Homes, Defendant/Judgment Debtor, and Wells Fargo Bank, N.A., Garnishee/Third-Party Defendant-Appellee.

Court of Appeals of New Mexico.

April 22, 2011.

Attorney(s) appearing for the Case

René Ostrochovsky , Albuquerque, NM, for Appellant, Gilbert Sanchez.

Moses, Dunn, Farmer & Tuthill, P.C., Alicia L. Gutierrez , Jason M. Wexler , Albuquerque, NM, for Appellee, Wells Fargo Bank, N.A.

Aldridge, Grammer, Jeffrey, & Hammer, P.A., David A. Grammer III , Albuquerque, NM, for Appellees, Carmen M. Alcantar and Isidro R. Alcantar.

OPINION

KENNEDY, Judge.

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. "Summary judgment is appropriate where there are no genuine...

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